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Digitized by the Internet Archive 
in 2022 with funding from 
Princeton Theological Seminary Library 


https://archive.org/details/ohioreligiouscorO0Odial 








OEEL@e 


RELIGIOUS CORPORATIONS 


WITH 


FORMS AND DIGEST OF DECISIONS 


Bx 
GEORGE 8. DIAL, ESQ. 


OF THE SPRINGFIELD, OHIO, BAR 


CINCINNATI 
THE ROBERT CLARKE COMPANY 
1899 


CopyriGcutT, 1899, 


By Tuer Ropert CLARKE ComMPANy. 


PRHEF ACH. 


This book brings together all the statutory 
provisions of Ohio, relating to Religious Cor- 
porations, together with a short digest of the 
important decisions of the Ohio courts, upon the 
same subject. It also furnishes forms for organ- 
izing and a code of regulations and by-laws for 
managing such corporations, and many other 
useful forms under such statutes. 

The statutes of Ohio provide no forms for 
organizing or conducting corporations; and re- 
ligious corporations, the same as other corpora- 
tions, are liable to have the legality of their 
incorporation, and of their subsequent corporate 
acts, tested in the courts. It is therefore im- 
portant that the statutes be made accessible to 
those who control such corporations. 


In the writer’s own experience, churches 
have been accustomed to elect their trustees by 


a vote of a limited portion of the membership, 


(iii) 


1V PREFACE, 


which is unlawful; and in two instances, 
within his knowledge, persons have been elected 
trustees, who were not members of the corpora- 
tion, which is forbidden. 

This work is both for the convenience of at- 
torneys and for the information and assistance 
of church trustees and other officials. 


Cotte 28) 


SPRINGFIELD, OHIO, Dec. 1898. 


TABLE OF CONTENTS. 


CHAPTER I. 
PAGE 
CONSTITUTION Ale PROVISIONS 225 oclaets o sciete aisstee dere emie crerets 1 
CHAPTER II. 
CONERA ESTA TUT OR var RO VISIONS Renee tee sari ceteris eta ecole 2 
CHAPTER III. 
INCORPORATION. 
Ar ticlesroln wl abbOrcontallt merrier mistereiimistierierte sisrereie cere 4 
TRECONCUCOL PROCECUIN GS tain a ice tides siesta. 2 =e pls «i we 8 
General powers alter IncOrporation. .........6.-0ceceeess 9 
IBOBSOUCCUATUED, cata. ie wieder semtantee o tor <b Sains clase e a6 9 
PUVICENCE SOL INCOPPOTALlON anion sac: Oca spain pet ia cs > «disses. 5 10 
CHAPTER IV. 
MEMBERSHIP AND TRUSTEES. 
lection Ofetrustees mawuneer teeters ciate: <isis/6. cl tetchayerstela'acte itil 
Moni bership: oacccrtrtoien Memerie ILass Fa NG hihia) 4-18 a Rey aie cate 11 
IMEC Of CLECtIONS eeee aren hain eke mere hrsiewr ere vie Cuts ers 3 
Oathyoltristecs te waryacewrane ee emt oe vor ct. <orelc's obits 14 
DUtresoietrusteeniime amen tact ier tes doer crete stele icicles 15 
PAabuitys otstrustees: for debises 4. specs et nuke ste np oe eee oe 15 
IROWERLOLLUTUSLECS nee ee Aamementetic hr ne ea ta as 16 


vi TABLE OF CONTENTS. 


CHAPTER V. 
REGULATIONS AND By-Laws. PAGE. 
Reculations, how adopted ine 2m pee ee ee iy 
Regulations, what may contain wm sees ete ae see lees 18 
By-laws, how adopted..... yee ere oo ae aren Ree he Rhone a ee 21 


CEHAPEH Re Vil 
AMENDMENTS TO ARTICLES OF INCORPORATION. 


How adopted .fe.a.sesacce sane enon ee adn eee eee 23 


CHAPTER VII. 


SALE, INCUMBRANCE AND CONVEYANCE OF REAL ESTate. 


Howimay sell ormncwm Dery. cae. oars en na a cee eee 27 
pale of unclaimed real estate sara the oe. on. vo cect erage 36 
Sale Ot abandoned :realiestateerae ie... sansa ae 38 
Transier ol-certain chureh property «. =. /...< «0; eouaeenee ee 39 
Conyeyance'of church sites ac see rencontre eee 41 


CHAPTER VIII. 


PARTITION OF REAL ESTATE. 


Howaccomplished v.45. hone. eater wearers iron 2 cheete 42 


CHAPTER IX. 


CEMETERIES. 


CHAPTER X. 

CONSOLIDATION. 
How-accomplishedsue is: magaceaee mete taylan ere eee 52 
Agreement lori Sa. cnc cece ae ane Sen dee ede ee are 54 
Transfer-of ‘property alters: aces. cetera 57 


TABLE OF CONTENTS. vii 


CHAPTER XI, 


CHANGE oF NAME. PAGE, 


LOW SCCOMPLSNOU ss wom bm sae ee ia twee eau rieaiy ty » <5 59 


CHAPTER XII. 


SPECIAL CORPORATIONS. 


Associations for holding donations and bequests........... 63 
Bade wien Uw LUN 'COrporaclOUs. cinta 5,4 veal ar ctets ae 64 
Printing 2nd publish] HOUSES... 1s <sce ees saris or eh a cle 66 
Women’s benevolent associationS...............seseeeeeee 68 
Secret Dene volent AssOCIAbiONS... <. is oes sis ss ce se clk sas eee (fl 


CHAPTER XIII. 


HxXTINGINWORPORATIONS masa aieae ocr tee Speen ee Ine es 74 


CHAPTER XIV. 


MISCELLANEOUS STATUTES. 


Townshipministemal 100 esse awa e yee se wake eee 78 
Sprinkling assessments............... GR Q6b. Smconnann 79 
Property exempt.trom taxation 24. ..< cesses ves cee sn cbeees 79 
Pancunee ols pubic BErViCes se. o<s. ccN tae et eb keane oa ee « - 80 
Descential truss Property scons costars tes vey foe nines Garey «ts 81 
Property, beldhin trusts ou. we sa. ened eh. aha ben sale ss fay aes 81 
Solemnization of marriages....... Sika clmnthr Oia eeelos: 82 
Sale of liquors near place of worship, etc................. 82 
Disturbing religious meeting, penalty..................-. 83 
Unlawful wearing of insignia of religious society......... 83 


CHAPTER XV. 


DR CISTONS Re eR ee EN COR Pe ee cine Gace 84 


Vill TABLE OF CONTENTS. 


TABLE OF FORMS. 


PAGE 

Articles of incorporation. 2.0 > +. -aem alent cheba ete erty ene 5 
Notice of meeting for election of trustees................ 13 
Oath Of trustees. ccs on. cpree a eave meee Meneses ee ee 14 
Notice of meeting to adopt regulations................... Va 
Code.of regulations... -. ssa ee ees PRAT ee ee 18 
By-laws ss Jodie se metered te eer eis catia late ays 21 
Amendments to articles of incorporation— 

Notice of meeting si wena ccc retinue r eae ines 25 

Hes O1NION SA ceuquts eerie wee es on ph a tee erat emer ae ee 25 

Certitiontio nega e tatec chara rere «hes Waiver lets « 26 

Decals notice sacct = aerate ais scale eo. ee ee ate 26 
Sale of real estate— 

RESOLIUIONS Miieiteae oar eterna cere elbacte grits sei een 30 

Petitionice..6..s.ccs hee eee er nas Gea sere tvalats 31 

Legal notice 3. icc sore aera nies <n gies ot tins ieee rome 32 

Hotry Authoriziny? Balen... wow tae sa nee a ee ee 32 

Reportvot sales. 25 sc: xs. an eee eens eae eee 33 

Entry confirming sales. d,s aude smears oti e enone 33 
Incumbrance of real estate— 

Petitidnmctsy «is hoe meh cotne sete apliee Menem aeheoreee 34 

Legalimotice. |. state. okt eke ok aera ee sebieiit ant ites Dek ioe 
Transfer of certain church property— 

Cortificater tere sae aint s hc wish cw le ere 40 
Sale of cemetery grounds— ° 

Petitio i earactecatatts oie (chin ole + ycje, oleate dee nee eee 46 

Legal noti¢e wei. och ce we tance nite aiken orem eat 47 

FODUtries esa srs peg ob ele cea tha tots Vee ates ean isis ae Te 48 
Consolidation of religious corporations— 

Resolution tba isa meri ateenrties cafeteria ae ds’ BR 54 

A preementyny pommeenee en Santen ere mes hee nec ee 54 


Certificate to secretary of state...... wideise\Paini “sete 5 56 


TABLE OF CONTENTS. ix 


Change of name— PAGE. 
IRS UTION, A fete hae tes operons ore) ae eels sme’. sie 60 
Lega leTOtice ese. Foca tee. ene ee wees oa keane es * 60 
GE UY Yoon tego a vias sb eocretrac md wares ait eee eel oalani ss ies 61 
(CeTtINGA UC as char ao tent te ak 8 eae ce ee eRe yd oases os 62 

Endowment fund corporation— 

EXTHCICS Ol IMCOEDODSEIOL tt cel. «ain eae meee eae 65 

Printing and publishing house— 

AT TICIOS Gl INCORDOEAULOM Catee o2 wesc v's sea Sta cine «v's 67 

Women’s benevolent association — 

Resolution for appointment of fiscal trustees........ 71 

Injunction. Cemetery case— 

Dito ewe ge eaten Ose pte ace AU Oo ne Gee eae as ee 85 
DWE Le Berge bg: ce hh co TREO ge NE Bre ee ee Py ae oem 86 


TABLE OF STATUTES CITED. 


SOCLIOMME LASER preted etn ottiets cme aie sere eiaecs ook > ola Raine 7 
ee RAS Ch pene repo ce sate tet arene oans ec cacti e po hee Oats laarelieens 7 
os LAN See eee cece ee teehee Tee Looe rarer ale hone eis 78 
E 1 a vt te na, acy Ae ho. HORE ERC ce I CaP 78 
af ESAS, Barge Ol ae 8s 27 apie ar ee ae eee 79 
s PSE IR rtd ARAN oe tg Bt ta ee 79 
‘ VAT VS SO ee AAS Ain, ee oe 80 
se SP By Aepnncinsicheshate toch acu Ba hs OO CRA IRI aa ee Tee 2 
LOO TR ae awe Ae cee PRA N Os oS tee eae pate 2 
u Soom a enone siete sits te Mane MONS sos thal duane pee 2 
4 DOr seeeie Ae alt he hae Pah ea Me eae ey Dens bokate a we 9 
sf TROD eine ALN OA RE eT ee Mahe te eee ciate ace 10 
eS DLA eterna ee oT nian el nets Tre Oe PRTG Se coe eS 


x TABLE OF CONTENTS. 
PAGE 
Section 3238a eats wee ae cise tanita a Sete ae ae ene ees Ze 
ot BZOO waver eracie sale c weaeu eoske ML Op RCP CEy atone aan ee 9 
4 S240 Soar b ete Se ee ate a eee ae eee 14) 
e SLAM 5 ies 5 a6 isin ged aS LTRS RnR Tee eRe ef eee ey alt 
. B2AG 520 ssFo Sacps iteaeene p oe re ere ee eee 13 
me OAT Sdiore so Rs Ee OE ai ee EE 14 
33 OLAS os Seis ce eter ont ete erected ere irae eeenedeia ete 15 
- BL unite Terai ls tinal oid ee Se Race ue Aaa IEG Gee 17 
us BYA5 Oren Mette birls Reh Se a Oe a. Ain eter yee 21 
a By d5 9 Ghee TG At om et ree Seti tna rode ie AG eee ete ate die Wf 
ef BY VANEE nad SIU ere oc OINOU t oe oad 5.8 CObRIEOe aaa oe 18 
a yd Of Mies sre Batali tematic cainnes oo miele Sek MaiSe mE nO OBS Bickers 15 
= BYR ie se A cnet Aran cn s CAEL REN Rea Meme Bic P EXO Ges 80 
y PY AE eater errs MO isos Sac oe Eu Bas ontcinr oro hath 6 eee cl 44 
ae BY p >) Wee omen ao coo Db ee vidio Unie ohio otis 50 
Ss OYE Se AO Cia so Sion Ooit) bind CGR Or cmubatiic Se Gmae 36 
s SLLD A wracis eau aeihees Ve Sines Mine utes gree ee OEE iff 
ee BY WMS cide SECO ERR On awe Re Ob YO Mra otras 4] 
BLOX Loree es cota t wi ae a oe hn ee eee ete ea 39 
% BY AH AG UO S aeRO IA occ thos DEE. Hid ot eee bie we 52 
de YW ES Hanes a EA oe aoa on donate biodi aeD bee bear 53 
ee O71 Oe wis oh tise coh eR STO ols CE Pe Eee 53 
4 RYMAN ES eee hoe an oer OG Hn ceo Di So into ue noe 81 
RI i 1768 ARE hn’ n oyu RRC Dine MEI COTO ESE IOn Coe « 16 
at BYU AL Op cine Gochd 0 PPD ORNATE Gebel x neirae eto oo vreiclc 81 
te S780 hereto eee eee a a Uitake naires ek eee 53 
a BY sd berate are sarc LE orac a ceo e crac onl pac aol bad 57 
.: 9782 ki Sede cg Ae eae Ve te ee 58 
* BY bet MSR isictahd ey Braid ah Brier GO 4 Oeimi ae ole cae mae 63 
i EY fot: MR PPS onsite 0 eg 4 ea ee EERE EA 64 
- RY bot eA Eid BORE oc cloth Sosa OO cance tee 65 
ce 


TABLE OF CONTENTS. Xl 
PAGE 
SCHON POLO Preteen aN eae ee rea Va oeal one Bs kich Seah sahe oka cet'e 6 75 
4 STS UG ear Sete oe IEE RETR Neg TL hoa eta Ielede cae 75 
H RY het i Nershicrantro eerocin oeksr Shtisin brn 6 terre ee aor tone 76 
A USO My emai Ne Cans rayon aetna aie ee aid or eevee evans) Suede 6 77 
Hy BY heh, ane ee Aap Atel ose Piasta toes Buntoie lah Pai onieoure ero Lae 66 
OU OO Se reh Tan accra aT Aa Slee e aNers ou aS ECE pe seas > 67 
4 RY ASB Bs ride bak yo OE Cee SRR ere, veh eae ee 68 
i LOD SPIES: Lee aeteye ce Seon suuss « ccacspmenerecn sexe cus 69 
SLO Mee ee eRe ls Aalst e erens eiorc onal siete aesareretanioheks 70 
- Bi AS tee na hc Sieh Sor Ok UES, SS ea Ey ee ter ee Re 27 
YAS)! Glete na can ceccllke HitOee PRPC eee tas ta EE eee eae 28 
He LOA Ure Gee ter ee ete rhe cet weit ees ath Onettte vo, Waren S 29 
Ss EY ATi ack. a che ae ae 6 eee ee Rar aes ea oe eee 29 
+ O10 OE TET es ts Me tafe aeean NT iar oe Ona tsns tages oeachala eva aialal' 29 
es SOC ae me eee ay opiate efekiner sae sera eee PS orate sha 71 
MJ 3 (DOU MCI EE re ean Seki HE) ENN, Loe eyed en MeTeE Ete R et gtr, (2 
oh SE DOC Aerie oteen een iaie eshte ale “ctoieeunisr len tsalase alaviaerel 12 
x EW ACT Gts Meat dos hathccpaciey ER, ee Cacia a Os eee Cae ere ee Re 73 
tf OT DGC ea ator Soren Perera r ee step WR Ter aches i ccoiahas -diavae bie 73 
ss LAER OSES IN Soc ROMS ears Ch CLE ke eck Oe Pace ic SRR PEE 42 
4 7.7.6 reece eis Mee ty Sears CS Pan nC cnegeter amin tec 42 
- SLM Mee RIM rc Pes a Page to Bee. Os Cots TE ER NERS 42 
4 BY Aho ©) Baa Perce eta tee ob SRiSEl che CE ere er eee 43 
% SUA ays, - Barat as Gt aciarel.s orc picps MELEE oes cee 38 
Se ited tiatint uk eae RSM co Gioia he CAS, Co or Dee aC cc 39 
of Safety Def wacincket nedicies else ncaa iabiin cro! ho Sacre WAR CRE LORE RTO 59 
. Teele CaS oh ACE ICA CRC ae Des oe ne 59 
i fet PAG Ao 5.0, SO TON See Cee OR SN a eR ee A 59 
i tte ain n Wis raeeels POST Sion CNRR GNGIe Cyc aT ae eae ar are 82 
ie GOOG Re ry ret es ce recess tel cane oe etc, Sacks Tales TPP ea on state 83 
vs GOA Dime cctorre center hae eanave ie thee) Se acne eeet Peal eek 82 
“ 


xi TABLE OF CONTENTS. 


TABLE OF CASES CITED. 


Baptist ‘Society 2: Clapp.o canvas eae ene 18 Barbour, 35 
Bartholomew v. Lutheran Congregation.........35 Ohio St. 567 
Catholic Institutes: Gibbonsan., su. he ieee ten ee 3 Bull. 581 
Deutsch v. Stones. Vsageng ro se baelas vataereaye iene 27 Bull. 20 
Devoss'o, Gray vc: a eee Bawa ae 22 Ohio St. 159 
Griges.05 Middaueh Tier sasec sce cect sre re eter en 22 Bull. 367 
Harrison to ELOVviG acter ee prcya ieee seer ee 24 Ohio St. 254 
Heekmanvs Mees seeacewn ies oa Are eu lon ened: 16 Ohio, 584 
Keyser é. Stanisiofcor. ease ructee ee snr ae 6 Ohio, 363 
Kizor as Stan cilerare cies. aon Says ck clean oe era nies Wright, 323 
Le Sainte dc Fisher sens cacioe os oc eae cpio eee aera 6 Bull. 337 
Mannix,-Assignee a Poreell secon, scae ers eee es 46 Ohio St. 102 
Messingers,Trinity Chyarcnin. 7. .sers ano en 6 Bull. 397 
Methodist Church v. Wood............ Wright, 12; 5 Ohio, 283 
Millér, Milligan «..405 «ire hauees MAL 5 woate ae ain 9 Rec. 419 
Prices Methodistuhurch ., t1.4. one. eee ee 4 Ohio, 515 
Rike GE lOy Citys te ests 2 > 6a sone bees 6 acee aeeeaerte a AU) 
pamipsell ge PSNere ne. cy oS cere norco a et ee, UL. Vo 
BHOUPE, LUX" PALL Gare. snr pe Gi edenicte ent ote temic atone 16 Bull. 71 


Wiswell v. Congregational Church.............. 14 Ohio St. 31 


OHIO RELIGIOUS CORPORATIONS, 


SHuAPTER Lf 
CONSTITUTIONAL PROVISIONS. 


The present constitution of Ohio, adopted in 1851, con- 
tains the following section on the subject of corporations: 

‘‘ Corporations may be formed under general laws, but 
all such laws may from time to time be altered or repealed.” 
Art. XITI, Sec. 2, Ohio Constitution. 

Under the constitution of 1802, corporations were created 
by special acts of the legislature; but this was forbidden 
by Art. XIII, Sec. 1, of the present constitution. 

A great many corporations of all kinds were so created 
by special acts of the legislature prior to 1851, and many 
of them still continue to exist. 

Such corporations are brought under the statutes now in 


force, in the manner shown in Chapter II hereof. 


(1) 


Je OHIO RELIGIOUS CORPORATIONS. 


CHAPTER [1. 
GENERAL StaTuTORY PROVISIONS. 


§ 3232. ‘‘Corporations created before the adoption of 
the present constitution and which have not by election or 
some other act. come to be governed by laws since passed, 
shall be governed and controlled by the laws then in force, 
and the valid modifications thereof since or herein enacted ; 
and other corporations, now existing or hereafter created, 
shall be governed and controlled by the provisions of this 
title.” 


§ 3233. ‘A corporation created before the adoption of 
the present constitution, and now actually doing business, 
may accept any of the provisions of this title, and when a 
certified copy of such acceptance is filed with the secretary 
of state, so much of its charter as is inconsistent with the 
provisions of this title is hereby repealed.” [50 v. 274, §71.] 


§ 3233-1. ‘‘All special acts of incorporation in force in 
this state which have not been accepted or acted upon, be 
and the same are hereby repealed.” [58 v. 12.] 


§ 3234. ‘‘ Corporations created before the adoption of 
the present constitution, which take any action under or 
in pursuance of this title, shall thereby and thereafter be 


OHIO RELIGIOUS CORPORATIONS. 5 


deemed to have consented and shall be held to be a cor- 
poration, and to have and exercise all and singular its 
franchises under the present constitution, and the laws 


passed in pursuance thereof, and not otherwise.” . . .* 


[89 v. 73.] 


4 OHIO RELIGIOUS CORPORATIONS. 


CHAPTER III. 


INCORPORATION. 


See.1. Articles of Incorporation. What to contain. 


§ 3236. ‘‘Any number of persons, not less than five, a 
majority of whom are citizens of this state, desiring to be- 
come incorporated, shall subscribe and acknowledge before 
an officer authorized to take acknowledgments of deeds, 
articles of incorporation, the form of which shall be pre- 
scribed by the secretary of state, which must contain : 

1. The name of the corporation. 

2. The place where it is to be located, or where its prin- 
cipal business is to be transacted. 

3. The purpose for which it is formed. 

4.) 4), tee OO. V.224.) 


§ 3238. ‘‘The official character of the officer before 
whom the acknowledgment of articles of incorporation is 
made, shall be certified by the clerk of the Court of Com- 
mon Pleas of the county in which the acknowledgment is 
taken, and the articles shall be filed in the office of the 
secretary of state, who shall record the same, and a copy 
duly certified by him shall be prima facie evidence of the 
existence of such corporation, and all certificates thereafter 


*Periods indicate omissions of portions inapplicable to 
religious corporations. 


OHIO RELIGIOUS CORPORATIONS. 5 


filed in the office of the secretary of state, relating to the 
corporation shall be recorded; but the secretary of state 
shall not in any case file or record any articles of incor- 
poration in which the name of the corporation is the same as 
one already adopted or appropriated by an existing corpora- 
tion of this state, or so similar to the name of such existing 
corporation as to be likely to mislead the public, unless the 
written consent of such prior existing corporation, signed 
by its president and secretary, be at the same time filed 
with such articles of incorporation.” [92 v. 320.] 


Sec. 2. Form for Articles. 


THESE ARTICLES OF INCORPORATION 
OF 
Tue Asspury Mernopist EpiscopaL CHURCH, 


Witnesseth, That we, the undersigned, all* of whom are 
citizens of the State of Ohio, desiring to form a corpora- 
tion, not for profit, under the general corporation laws of 
said state, do hereby certify: 

First. The name of said corporation shall be The 
Asbury Methodist Episcopal Church. 

Second. Said corporation shall be located and its princi- 
pal business transacted at Springfield, in Clark county, 
Ohio. 

Third. The purpose for which this corporation is formed 
is not for profit, but to provide a place of worship for its 
members, to be conducted according to the rules and dis- 
cipline of the Methodist Episcopical Church; to promote 


*Or a majority of whom, 


6 OHIO RELIGIOUS CORPORATIONS. 


the interests of the Christian religion ; to receive and hold 
donations, devises, bequests, and funds arising from other 
sources, for the benefit of said corporation. 

In Witness Whereof, we have hereunto set our hands this 
Ist day of January, A. D. 1898. Joun WILLIAMS, 

Witut1aAM Brown. 

JOHN JOHNSON, 

WituiAmM Biack. 
The State of Ohio, James Smita. 

Clark County, \ ‘ 

On this Ist day of January, A. D. 1898, personally ap- 
peared before me, the undersigned, a notary public within 
and for said county, the above named John Williams, 
John Johnson, William Brown, William Black, and James 
Smith, who each severally acknowledged the signing of 
the foregoing articles of incorporation to be his free act 
and deed for the uses and purposes therein mentioned. 

Witness my hand and official seal on the day and year 
last aforesaid. James M. WILLIAMSON, 

[SEAL. | Notary Public, Clark County, Ohio. 


The State of Ohio 
County of Clark, } a 

I, William Jackson, clerk of the Court of Common 
Pleas, within and for the county aforesaid, do hereby cer- 
tify that James M. Williamson, whose name is subscribed 
to the foregoing acknowledgment as a notary public, was 
at the date thereof, a notary public in and for said county, 
duly commissioned and qualified, and authorized as such 
to take said acknowledgment ; and further, that Iam well 
acquainted with his hand-writing, and believe that the 
signature to said acknowledgment is genuine. 

In witness whereof, I have hereunto set my hand and 


OHIO RELIGIOUS CORPORATIONS. i 


affixed the seal of said court, at Springfield, this 1st day 
of January, A. D. 1898. WILLIAM JACKSON, 
[SEAL. | Clerk. 


Note a.—The secretary of state, as required by Sec. 3236. has 
prepared forms for applications for articles of incorporation, 
which are required to be used, and can be had of him upon 
application. 


Note b.—The fees of the secretary of state for services ren- 
dered religious corporations are regulated by the following 
statutes: 

? 148. The secretary of state shall, . . . collect the fol- 
lowing fees for copies furnished from his office, to be paid by 
the persons applying therefor: For a copy of any document or 
part thereof, ten cents per hundred words; for affixing seal of 
office to copies, fifty cents; . . . [78 v. 186.] 

¢148a. The secretary of state shall hereafter charge and 
collect the following fees for official services : 

5. For filing the articles of incorporation of corporations 
formed for religious, benevolent or literary purposes; or of 
such corporations as are not organized for profit, have no cap- 
ital stock, and are not mutual in their character; or of religious 
or secret societies, . . . two dollars. 

8. For filing a copy of the decree of court, changing the 
name of any corporation, five dollars. 

9. For filing a certified copy of the acceptance by any cor- 
poration, incorporated prior to the adoption of the present 
constitution, of any of the provisions of the revised statutes, 
five dollars, 

10. For filing an amendment to the articles of incorporation 
of any corporation, twenty cents a hundred words, to be in no 
case less than five dollars. 

12. For filing a certificate of the extension of purpose, or 
change of domicile, of any corporation, five dollars. 

13. For filing other certificates not herein enumerated, ex- 
cept certificates of election, for filing which no charge shall be 
made, twenty cents a hundred words, to be in no case less than 
five dollars. 


8 OHIO RELIGIOUS CORPORATIONS. 


17. For making every certificate under the great seal of the 
state, one dollar. 

18. For recording miscellaneous records, or other docu- 
ments, required by law to be recorded in the office of the sec- 
retary of state, twenty cents a hundred words. 

19. For making copies of articles of incorporation and for 
making copies in other cases, the fees provided for in original 
section 148 of the Revised Statutes shall be charged ; 

[86 v. 33.] 


Sec. 3. Record of Proceedings. 

Every corporation should provide itself with a blank 
book, suitable for the recording of all its proceedings and 
known as a ‘‘ Record of Proceedings.” 

Upon the filing of the articles of incorporation, a copy 
of such articles is furnished by the secretary of state. 
This copy should be entered in the record of proceedings 
of the corporation. ‘The first page of such record should 
be entitled ‘‘ Record of proceedings of the incorporators, 
members and trustees of ——” (name of corporation). Im- 
mediately below an entry should appear in substance as 
follows: 


‘On this 1st day of January, A. p. 1898, John Wil- 
liams, William Brown, John Johnson, William Black and 
James Smith, the persons named below as subscribers of 
the articles of incorporation, desiring for themselves, their 
associates and successors, to become a body corporate, in 
accordance with the general corporation laws of the State 
of Ohio, under the name and style of the Asbury Metho- 
dist Episcopal Church, and with all the corporate rights, 
powers, privileges and liabilities enjoyed under or imposed 
by such laws, did subscribe, acknowledge and afterwards, 


OHIO RELIGIOUS CORPORATIONS. 9 


to wit: on the 2d day of January, A. Dp. 1898, file in the 
office of the secretary of state, at Columbus, in the State 
of Ohio, articles of incorporation, as follows, to wit :” 


[Here set out the articles in full. ] 
Said action is required by the following statute. 


§ 3241. ‘‘The subscribers of such articles of incorpora- 
tion shall cause the same to be copied into a book, which 
they shall provide, and which shall be the property of the 
corporation; . ” [84 v. 85. ] 


Sec. 4. General Powers of Corporation. 

§ 3239. ‘ Upon such filing of the articles of incorpora- 
tion, the persons who subscribed the same, their associates, 
successors and assigns by the name and style provided 
therein, shall thereafter be deemed a body corporate, with 
succession and power to sue and be sued, contract and be 
contracted with, acquire and convey at pleasure all such 
real or personal estate as may be necessary and convenient 
to carry into effect the objects of the incorporation, to 
make and use a common seal, the same to alter at pleasure, 
and to do all needful acts to carry into effect the objects 
for which it was created.” [50 v. 274, § 3.] 


Sec. 5. Loss of Charter. 

§ 3233-2. ‘‘Whenever it shall be made to appear to the 
satisfaction of the secretary of state that any religious 
society or corporation heretofore organized or incorporated 
under the laws of this state has lost it charter or certificate 


10 OHIO RELIGIOUS CORPORATIONS. 


of incorporation, or that the same has been destroyed, it 
shall be the duty of the secretary of state to issue a new 
certificate of incorporation of such religious society or cor- 
poration theretofore issued and the time as near as may be 
ascertained of issuing such lost or destroyed certificate as 
shall be made to appear to him; and thereupon all deeds, 
mortgages, or other instruments of writing for the convey- 
ance of land, as well as all acts done by such religious so- 
ciety or corporation by virtue of such certificate or charter 
theretofore lost, shall be binding and of full force in law 
and in equity: Provided, that nothing in this act shall be 
so construed as to make valid any act not authorized under 


the laws of this state which heretofore have been in force.” 
[75 v. 79.] 


Sec. 6. Prima Facie Evidence of Incorporation. 

$ 3233-3. ‘The fact that a religious society for not less 
than thirty years, claiming to have been duly and legally 
incorporated as such, and performing during such time 
duties and exercising rights as such, shall be prima facie evi- 
dence of the original issue of such charter or certificate of 
incorporation as claimed by such society.” [75 v. 79.] 


OHIO RELIGIOUS CORPORATIONS. 11 


CHAPTER IV. 
MEMBERSHIP AND T'RUSTEES. 


Sec.1. Election of Trustees. 

§ 3240. ‘‘A majority of the subscribers of the articles of 
incorporation of a corporation formed for a purpose other 
than profit, may elect not less than five trustees of the cor- 
poration, who shall hold their office till the next annual 
election or until their successors are elected and qualified ; 
but in the case of religious corporations . . . the 
regulations of such corporations may provide for the length 
of time said trustees shall hold their offices, the term 
thereof not to exceed in number of years, the number of 
such trustees; . . .” [85 v. 166.] 


Sec. 2. Membership. 

§ 3241. ‘‘The subscribers of such articles of incorporation 
shall cause the same to be copied into a book, which they 
shall provide, and which shall be the property of the cor- 
poration ; and a person having the qualifications prescribed 
by the corporation, may become a member by subscribing 
his name to such copy; provided that when the incorpo- 
rators of a corporation, now or hereafter formed, are, or 
shall be, members of a church, religious, secret or benevo- 
lent society, and have signed or shall sign articles for the 
purpose of enabling such church, religious, secret or benevo- 


Wy OHIO RELIGIOUS CORPORATIONS. 


lent society to become incorporated, any person who is or 
shall become a member of such church, religious, secret or 
benevolent society, in good standing, shall by virtue of 
such membership, be a member of such corporation and 
entitled to vote at all meetings of such corporation, for the 
election of officers or other purpose, any thing in the pre- 
ceding section to the contrary notwithstanding.” [84 v. 85.] 
Upon the receipt from the secretary of state of the cer- 
tified copy of the articles of incorporation, the subscribers 
to the articles, in the case of a church or other religious 
society, should call a meeting, at a convenient date, of all 
the members of such church, or society, for the purpose of 
organization and the election of trustees and other officers 
of such church or society ; and at such meeting and at each 
subsequent annual meeting each member of such church or 
society isentitled toa vote. This statute (§ 3241) iscontrary 
to the custom of many churches, where quarterly conferences 
or other styled bodies within bodies, elect the trustees and 
other officers of the church. Nor would it seem that 
churches organized heretofore under the various statutes 
which have existed since the adoption of the new constitu- 
tion, but previous to the enactment of section No. 3241, 
have any authority for an election of officers by any 
smaller body than the full membership of the church. An 
examination of these various statutes supports the view, 
that each member of the church or society, is entitled to a 
vote at the organization and at each election thereafter. 


OHIO RELIGIOUS CORPORATIONS. i’ 


Sec. 3. Time of Elections. 

§ 3246. ‘‘ Unless the regulations of the corporation other- 
wise provide, an annual election for trustees . . . shall 
be held on the first Monday in January of each year; if 
trustees . . . are, for any cause, not elected at the 
annual meeting, or other meeting called for that purpose, 
they may be chosen at a members’ . . . meeting at 
which all the members . . . are present in person or 
by proxies, or at a meeting called by the trustees or any 
two members . . . notice of which has been given 

by publication in some newspaper printed in the 
county where the corporation is situate . . . for ten 
days; and trustees . . . shall continue in office until 
their successors are elected and qualified.” 


Form or NoricE UNDER § 3246. 


Notice of Election. 

Notice is hereby given that a special meeting of the 
members of the Asbury Methodist Episcopal Church, of 
Springfield, Ohio, will be held in the church audience 
room, Tuesday, January 10, a. pv. 189—, at 7:30 o’clock 
p. M., for the purpose of electing Trustees for the ensuing 
year. 

By order of the Board of Trustees. 

January 5, 189—. James Wixson, President. 


This notice need only be published once, and is only 


necessary in case of a special meeting. 


14 OHIO RELIGIOUS CORPORATIONS. 


Sec. 4. Oath of Trustees. 

§ 3247. ‘‘Each trustee . . . shall before entering upon 
his duties, take an oath faithfully to discharge the same; 
the trustees . . . chosen at any election, shall as soon 
thereafter as may be convenient choose one of their number 
to be president, and unless the regulations otherwise pro- 
vide for the election of such officers, shall appoint a secre- 
tary and treasurer of the corporation; and a majority of 
the trustees . . . shall form a board.” 


Form oF OATH. 
State of Ohio, a 
Clark County, j 


Before me, a notary public, in and for said county, per- 
sonally appeared John Williams, Wiliiam Brown, John 
Johnson, William Black and James Smith, who being 
each duly sworn, severally say that they will faithfully 
perform their duties as trustees of the Ashbury Methodist 
Episcopal Church. JoHn WILLIAMS, 

Wituram Brown, 
JOHN JOHNSON, 
WILLrAmM BuAckK, 
JAMES SMITH. 

Sworn to before me and in my presence subscribed 
this 10th day of January, A. D., 1898. 

REUBEN MILLER, 
[SEAL. ] Notary Public Clark County, Ohio. 


It can not be said to be customary for trustees of re- 
ligious corporations to take an oath of office; but the 
statute plainly commands it. Its omission, however, would 
not invalidate any act of the corporation. 


OHIO RELIGIOUS CORPORATIONS. 183) 


Sec. 5. Duties of Trustees. 

§ 3248. ‘‘The corporate powers, business and property of 
corporations formed under this title must be exercised, 
conducted and controlled . . . where there is no 
capital stock, by the board of trustees; . . . and 
trustees of corporations must he members thereof; and 
whenever the office of . . . trustee becomes vacant, 
the board of . . . trustees may fill the same for the 
unexpired term by appointment, unless the by-laws other- 
wise provide. Ri 

This section entrusts all the business affairs of the cor- 
poration to the board of trustees; and under it other 
boards, such as stewards and others, have no voice in busi- 
ness matters; and their participation and the participation 
of every other person in the management of the business 
affairs of the corporation is expressly forbidden. Such 
other boards have their proper functions in other directions, 
while business matters ‘‘must be . . . conducted and 
controlled by the board of trustees.” 

It has sometimes happened that persons not members of 
the church or society have been elected trustees thereof. 
This also is expressly forbidden by section No. 3248. 


Sec. 6. Liability of Trustees for Debts. 

§ 3261. ‘‘ The trustees of a corporation created for a pur- 
purpose other than for profit, shall be personally liable for 
all debts of the corporation by them contracted.” [52 v. 
44, § 78. ] 


16 OHIO RELIGIOUS CORPORATIONS. 


Sec. 7. Power of Trustees. 

§ 3779-2. ‘‘ The trustee or trustees for the time being of 
any religious society aforesaid shall have the same power 
to defend and prosecute suits at law or in equity, and do 
all other acts for the protection, improvement and preserva- 
tion of said property, as individuals may do in relation to 


their individual property.” [23 v. 9.] 


- OHIO RELIGIOUS CORPORATIONS. . LZ 


CHART ERA. 
REGULATIONS AND By-Laws. 


§ 3249. ‘‘ Every corporation may adopt a code of regula- 
tions for iis government, not inconsistent with the consti- 


tution and laws of the state.” 


Sec.1. Regulations, How Adopted. 

§ 3251. ‘‘ Regulations may be adopted or changed by the 
assent thereto, in writing, of two-thirds . . . if there 
is no capital stock, of the members, or by a majority of 
the . . . members ata meeting held for that purpose, 
notice of which has been given by the acting president 
personally toeach member . . . or by publication in 
some newspaper of general circulation in the county in 
which the corporation is located. i 
Sec. 2. Form of Notice Under ? 3251. 

Legal Notice. 


Notice is hereby given that a meeting of the members 
of the Asbury Methodist Episcopal Church, of Springfield, 
Ohio, will be held in the church audience room, Tuesday, 
January 10, 189—, at 7:30 o’clock P. M., for the purpose 
of adopting [or, changing] the regulations of said corpo- 
ration. JAMES WILLIAMS, 

January 5, 189—. President of Board of Trustees. 


This notice need only be published once. 


18 : OHIO RELIGIOUS CORPORATIONS. - 


Sec. 3. Regulations, What May Contain. 

§ 3252. ‘A corporation by its regulations, when no other 
provision is specially made in this title, may provide for 

1. The time, place, and manner of calling and conduct- 
ing its meetings. 

2. The number of . . . members constituting a 
quorum. 

3. The time of the annual election for trustees 
and the mode and manner of giving notice thereof. 

4, The duties and compensation of officers. 

5. The manner of election, or appointment, and the 
tenure of office, of all officers other than the trustees. . . . 

6. The qualification of members when the corporation 
is not for profit.” 


Sec. 4. Form of Code of Regulations. 
ARTICLE I, 


Member of Methodist Episcopal Church. 


This corporation shall be a member of the Methodist 
Episcopal Church of the United States of America, and 
shall be subject to the laws and discipline thereof. 


ARTICLE II. 


Members. 
Any person may become a member of this corporation 
in the manner prescribed by the discipline of the Methodist 
Episcopal Church of the United States of America. 


OHIO RELIGIOUS CORPORATIONS. 19 


ARTICLE III. 


Meetings of Members. 


The annual meeting of the members shall be held in the 
Church Parlors, in Springfield, Ohio, on the second Tues- 
day evening in January of each year, and at 7:30 o’clock ; 
and special meetings may be called by the President, or the 
Pastor in charge, or by any three trustees, upon days 
previous notice, read to the congregation at a regular Sun- 
day morning service. 





ARTICLE IV. 


Election of Trustees. 


At the annual meeting of members, or at a special meet- 
ing called for that purpose, there shall be elected, by bal- 
lot, nine trustees, for the term of one year each, but to 
serve until their successors are elected and qualified ; and 
a majority of all votes cast shall be necessary to a choice. 
Notice of said annual meeting or special meeting at which 
trustees are to be elected shall be given, by reading such 
notice to the congregation at a regular Sunday morning 
service of the Church, on the two Sundays previous to 
such meeting; and such notice shall recite the fact that 
trustees are to be elected. 


ARTICLE V. 
Officers. 


The officers of this corporation shall be a President, 
Vice-President, Secretary, and a Treasurer, who shall be 
elected by the Board of Trustees for the term of one year, 
but to serve until their successors are elected and qualified. 


20) OHIO RELIGIOUS CORPORATIONS. 


ARTICLE VI. 


Duties of Officers. 


Sec. 1. It shall be the duty of the President to preside 
at all meetings of the Board of Trustees, and at all annual 
and special meetings of members; to attest the minutes of 
all meetings presided over by him, and to perform all 
duties geneally incident to such office. 

Sec. 2. The Vice-President shall perform all the duties 
of the President during his absence or disability. 

Sec. 8. The Secretary shall keep the minutes of all 
meetings of the Board of Trustees and of the members, 
and in general perform all the duties usually incident to 
such office. 

Sec. 4. The Treasurer shall keep an accurate account of 
all money received and paid out by him, and in general 
perform all the duties usually incident to such office. But 
he shall pay out no sum larger than $ , except upon 
the order of the Board of Trustees, conveyed to him, and 
signed by the President and Secretary. 

At the expiration of his term of office, he shall deliver 
to his successor all his records, and the money of the cor- 
poration then in his possession. 





ARTICLE VII. 


Order of Business. 


At all regular meetings of the members, the order of 
business shall be as follows: 
. Prayer by the pastor. 
. Reading of minutes of previous meeting. 
. Reports of committees. 
. Reports of officers. 
. Unfinished business, 


or WDNR 


OHIO RELIGIOUS CORPORATIONS. 21 


6. New business. 

7. Election of Trustees. 

This order for any particular meeting, may be changed 
by an affirmative vote of a majority of the members 
present. 

ArTIcLE VIII. 


Amendment to Regulations. 

These regulations may be amended by a majority of the 
members attending the annual meeting or any special 
meeting, provided three weeks’ previous notice of the pro- 
posal of such amendment, has been given by posting a 
copy of such proposed amendment in a conspicuous place 
in the vestibule or lobby of the Church. ; 


Sec. 5. By-Laws, How Adopted. 


§ 3250. ‘‘The trustees . . . of a corporation may 
adopt a code of by-laws for their government, not incon- 
sistent with the regulations of the corporation, or the con- 
stitution and laws of the state and may change the same 
at pleasure.” 


Sec. 6. Form for By-Laws. 


ARTICLE I. 


Meeting of Trustees. 

The regular meeting of the Board of Trustees shall be 
held in the Church Parlors on the first Monday evening of 
each month, at 7:50 o'clock ; and special meetings may be 
held at the call of the President or the Pastor, and special 
meetings shall also be called on the written request of any 
two Trustees. 


bo 
bo 


OHIO RELIGIOUS CORPORATIONS. 


ARTICLE II. 


Quorum. 


At all meetings, a majority of the Board of Trustees, 
shall constitute a quorum. 


ARTICLE III. 
Qualification of Officers. 
All Trustees and Officers of the corporation shall be mem- 
bers thereof in good standing. 


ARTICLE LV. 


Amendments. 


These by-laws may be amended or repealed or new by- 
laws adopted, at any regular meeting of the Board of 
Trustees, by an affirmative vote of a majority of all the 
Trustees. 


OHIO RELIGIOUS CORPORATIONS. ky) 


GHAPTER VE 
AMENDMENTS TO ARTICLES OF INCORPORATION. 


Sec.1. How Adopted. 

§ 3238a. ‘‘Any corporation, incorporated under the gen- 
eral corporation laws of the state, may at any meeting of its 
members . . . of which and of the business to come 
before said meeting, thirty days’ notice has been given by 
amajority of the . . . trustees of said corporation in 
a newspaper published and of general circulation in the 
county where the principal place of business of said cor- 
poration is located . . . bya vote of at least three- 
fifths of its members, of incorporations having no capital 
stock, amend its articles of incorporation, so as to change 
its corporate name; or the place where it is to be located, 
or where its principal business is to be transacted ; or so 
as to modify, enlarge or diminish the objects or purposes 
for which it is formed; or so as to add thereto any thing 
omitted from, or which might lawfully have been provided 
for, in such articles originally ; provided, however, 
nor shall any corporation, by amendment, change substan- 
tially the original purpose of its organization. When 
adopted, a copy of such amendment, with a certificate 
thereto affixed, signed by the president and secretary of the 
corporation, and sealed with the corporate seal, if any 
there be, stating the fact and date of the adoption of such 


24 OHIO RELIGIOUS CORPORATIONS. 


amendment, and that such copy is a true copy of the orig- 
inal, shall be recorded in the office of the secretary of state, 
who shall note on the margin of the record of the original 
articles of incorporation of said corporation, and on the 
margin of the index thereto, the volume and page where 
such amendment is recorded; and no such amendment shall 
take effect until filed for record with the secretary of 
state as herein provided, and until the secretary of the cor- 
poration shall have given notice, for three consecutive 
weeks, in some newspaper of general circulation in the 
county where the principal office of the corporation is sit- 
uated, of such amendment; provided, however, that any 
or all of the notices required by this section may be waived 
whenever . . . all the members of a corporation hav- 
ing no capital stock, consent thereto in writing. But no 
corporation shall change its name to one already appro- 
priated, or to one likely to mislead the public; nor shall 
any corporation, by amendment, provide for a purpose 
which is unlawful. For recording such amendments and 
for furnishing a certified copy, the secretary of state shall 
receive a fee of twenty cents a hundred words, to be in no 
case less than five dollars.” [83 v. 193.] 


Under the above section, three-fifths of the members of 
the corporation means, in law, three-fifths of all those 
voting upon the proposed amendment. This is the only 
_practical rule, and is the one that obtains in amending the 
state constitution. (Griggs v. Middaugh, 22 Bulletin, 367.) 
In the same case, the court also says, ‘‘ the whole society” 


OHIO RELIGIOUS CORPORATIONS. 25 


means those voting. The same doctrine was also laid down 
in the case of Rike v. Floyd, 6 C. C. 80, in which case the 
court said, where ‘‘ the constitution of a religious society 
could be changed only by a two-thirds vote of the whole 
society, held, this means two-thirds of the members voting 


on the proposition.” 


Sec. 2. Forms under ? 3238a. 
LEGAL NorIce. 


Notice is hereby given that a meeting of the members 
of the Asbury Methodist Episcopal Church will be held in 
the audience room of said church, on West Main street, 
Springfield, Ohio, on Tuesday, the 3d day of May, a. D. 
1898, at 8 o’clock Pp. M., for the purpose of considering 
and adopting an amendment to the articles of incorpora- 
tion of said church, changing the name of said corporation 
to “The John Wesley Methodist Episcopal Church.” 

Joun WILLIAMS, 
WituramM Brown, 
JOHN JOHNSON, 
Witii1am Brack, 
JAMES SMITH. 


All legal notices should be verified by the printer in the 
usual way and filed with the secretary of the board of 
trustees, and by him recorded in the records of the cor- 


poration. 
RESOLUTION. 
Be it resolved by the members of the Asbury Methodist 
Episcopal Church, that that part of the articles of incor- 
poration of said Asbury Methodist Episcopal Church which 


26 OHIO RELIGIOUS CORPORATIONS. 


provides for the name of said corporation, be amended so 
as to read as follows: 

‘First. The name of said corporation shall be the 
John Wesley Methodist Episcopal Church.” 


CERTIFICATE. 


This is to certify that at a meeting of the members of 
the Asbury Methodist Episcopal Church, held in the audi- 
ence room of said church, on West Main street, Spring- 
field, Ohio, on the 3d day of May, a. p. 1898, at 8 o’clock 
p. M., and of which meeting, and of the business to come 
before it, legal notice had been published by a majority of 
the trustees of said church, for thirty days prior to such 
meeting, in the Springfield Times, a newspaper published 
and of general circulation in Clark County, Ohio, an 
amendment to that part of the articles of incorporation of 
said church, which provides for the name of said corpora- 
tion, was adopted, and the following is a true copy 
thereof: 

‘‘ First. The name of said corporation shall be the 
John Wesley Methodist Episcopal Church.” 

Witness our hands, this 4th day of May, a. p. 1898. 

Joun Wiuiams, President. 

[SEAL. ] Wiu1aM Brack, Secretary. 


LreaaL Norice. 


Notice is hereby given that at a meeting of the members 
of the Asbury Methodist Episcopal Chureh, on the 3d day 
of May, A. p. 1898, the articles of incorporation of said 
church were amended so as to change the name of said 
corporation to that of ‘‘The John Wesley Methodist Epis- 
copal Church.” 


OHIO RELIGIOUS CORPORATIONS. 27 


CHAPTER VII. 


Sate, INcUMBRANCE, AND CONVEYANCE OF REAL 
Estate. 


Sec.l1. How may Sell or Incumber. 

§ 3794. ‘“When any charitable or religious society or as- 
sociation desires to sell, exchange or incumber by mortgage 
or otherwise any real estate now or hereafter owned by it, 
or held in trust by it for any specified religious or charitable 
purpose, or held for its use or benefit by trustees either 
chosen by it or otherwise constituted, for any such re- 
ligious or charitable purpose, except grounds used or occu- 
pied as burial-places for the dead, the trustees, wardens and 
vestry, or other officers intrusted with the management of 
the affairs of such society or association or holding the 
title to such property, or such society or asssociation itself, 
if it be incorporated under any law of this state, may file 
in the court of common pleas of the county in which such real 
estate is situated, a petition stating how and by whom the 
title thereto is held, that such society or association desires 
to make such sale, exchange or incumbrance, and setting 
forth the object of the same; and if upon the hearing of 
such case it appears that such sale, exchange or incum- 
brance is desired by the members of such society or associa- 
tion, and that it is right and proper that anthority be given 
to accomplish the same, the court may authorize the 


28 OHIO RELIGIOUS CORPORATIONS. 


trustees or other officers of such society or association, or 
if incorporated as aforesaid the society or association itself, 
to sell, exchange or incumber such real estate in accordance 
with the prayer of the petition and upon such terms as the 
court shall deem reasonable; and in case the title thereto 
is held for the use or benefit of such society or association 
by trustees, all or a majority of whom are not chosen thereby, 
but otherwise constituted, and who refuse upon request of 
such society or association, or its duly elected trustees, 
wardens and vestry or other officers, to file such petition, 
the court upon the petition of such society or association or 
its duly elected trustees, or other officers aforesaid, may re- 
quire said trustees holding such title to convey or incumber 
such real estate in accordance with the prayer of the peti- 
tion and upon such terms as shall be deemed reasonable ; 
provided, that all trustees holding title as aforesaid and re- 
fusing to file or join in such petition shall be made defend- 
ants therein and be served with summons as in a civil 
action.” [92 v. 397. ] 


§ 3794a. ‘‘The trustees of any church organization, re- 
ligious or charitable society or association and all persons 
now or hereafter holding title to any property in trust there- 
for are hereby authorized and empowered to transfer and 
convey the same to other trustees of the same denomina- 
tion or to the trustees of such organization, society or asso- 
ciation for which the same is held in trust, or to such 
organization, society or association itself if incorporated 
under the law of this state; provided, however, such 


OHIO RELIGIOUS CORPORATIONS. 29 


transfer or conveyance shall be made only when the prop- 
erty so transferred is still to be used for the specified re- 
ligious, charitable or church purposes, and the same shall 
be thereafter held in trust by the grantees for such pur- 
poses.” [92 v. 397.] 


§ 3794). ‘‘ Provided, however, that where the trustees or 
other officers mentioned in section 3794 have heretofore 
sold and conveyed by deed in fee simple or mortgaged any 
real estate therein mentioned, without proceeding as re- 
quired by such section, and the grantees thereof, and their 
successors in line of title, have, for five years since the date 
of such conveyance, held continued, exclusive, notorious 
and adverse possession of such real estate so conveyed, 
such sales, conveyances and mortgages shall be of and have 
the same validity and effect as if the same had been made 
by proceedings instituted under said section and duly con- 
firmed by the court of common pleas.” [93 y. 101.] 


§ 3795. ‘‘The petitioners shall cause notice of the pen- 
dency and prayer of the petition to be published in some 
newspaper of general circulation in the county where the 
real estate proposed to be sold, exchanged or incumbered 
is situate, for four consecutive weeks before the said appli- 


cation shall be heard.” [79 v. 109. ] 


§$ 3796. ‘The trustees or other officers of such religious 
society authorized to make such sale, exchange or incum- 
brance, shall make return thereof to the court ordering the 


same, at such time as the court shall order, and thereupon, 


30 OHIO RELIGIOUS CORPORATIONS, 


if the court is satisfied that the same has been made in all 
respects according to its order, it shall approve the same, 
and shall order that the proceeds be invested in other real 
estate for the use of such society, used in the payment of 
its debts, or otherwise invested or disposed of according to 
the prayer of said petition.” [§ 79 v. 109. ] 


Sec. 2. Forms under 2? 3794, 3795, 3796. 
Whenever it is thought advisable or necessary to sell, 
exchange or incumber any real estate of any such society, 
a general meeting of the membership of the corporation 
should be held, and a resolution should be offered and 
adopted at such meeting setting forth the advisability or 
necessity of the same and authorizing the filing of a peti- 
tion in the proper court to obtain the necessary authority. 
Such resolution in the case of a sale can be in the fol. 


lowing form : 


Whereas, the present church edifice is in great need of 
extensive repairs and is also much too small for the present 
needs of the congregation; and 

Whereas, it is deemed by the membership inexpedient 
to rebuild upon the present site; but it is considered that 
another location would suit the membership much better ; 

Now, therefore, be it resolved, by the membership of the 
Asbury Methodist Episcopal Church, that the President of 
the Board of Trustees be, and he hereby is, authorized to 
take the proper legal steps to obtain the authority of the 
Court of Common Pleas, of Clark county, Ohio, to sell the 
. same; the proceeds thereof to be expended in the pur- 
chase of another site, and the erection thereon of another 
church edifice. 


OHIO RELIGIOUS CORPORATIONS. 31 


Form For PETITION TO SELL. 
Court of Common Pleas, Clark County Ohio. 


In the Matter of the Asbury Petition for authority to sell 


real estate. 


Methodist Episcopal Church, 
of Springfield, Ohio. 

The petitioner says that it isa religious corporation, duly 
incorporated under the general corporation laws of the 
State of Ohio. 

Said Asbury Methodist Episcopal Church is the owner 
in fee simple of the following described real estate, viz: 

[ Description. ] 

Said Asbury Methodist Episcopal Church became the 
owner of said real estate, by purchase from James A. Hay- 
ward, then the owner thereof, in fee simple, and the title 
thereto was conveyed to said Church by said Hayward by 
warranty deed in fee simple of date January 21, 1889, and 
recorded in Vol. 67, page 118, Deed Records of Clark 
County, Ohio. * 

Said Asbury Methodist Episcopal Church, and the 
membership thereof are desirous of selling said real estate ; 
and the object of making said sale, is that another and 
more suitable location for the church edifice may be pur- 
chased, and a church edifice erected thereon for the use of 
said membership. 

Said real estate is not used or occupied as a burial-place 
for the dead. 

Wherefore said Asbury Methodist Episcopal Church 
prays for a decree authorizing it to sell the real estate 
above described; and for such other and further relief as 
the nature of the case demands. 

Simpson & SIMpPson, 
Attorneys for Petitioner. 


32 OHIO RELIGIOUS CORPORATIONS. 


Clark County, 

John Williams, being sworn, says that he is President of 
the Board of Trustees of the Asbury Methodist Episcopal 
Church; that the statements of the foregoing petition are 
true as he believes. Joun WILLIAMS. 


State of Ohio, ; 


Sworn to before me, and in my presence subscribed this 
10th day of May, a. v. 1898. RicHarp Fox, 
[SEAL. ] Notary Public, Clark County, Ohio. 


Form or Notice. 
Legal Notice. 


Notice is hereby given that the Asbury Methodist 
Episcopal Church, of Springfield, Clark county, Ohio, a 
religious corporation, duly incorporated under the laws of 
Ohio, did, on the 10th day of May, a. p. 1898, file in the 
Court of Common Pleas, of Clark county, Ohio, a petition 
praying for authority to sell the following described real 
estate: 

[ Description. ] 

Said petition will be for hearing by said court on and 
after four weeks from this date, May 10, 1898. 

Simpson & Simpson, 
Attorneys. 


Form For ENTRY AUTHORIZING SALE. 

Caption. 

This cause this day came on to be heard upon the peti- 
tion and the evidence and was submitted to the court. 

Upon consideration whereof, the court find that due 
notice of the pendency and prayer of the petition has been 
published in the Springfield Times, a newspaper of general 
circulation in Clark county, Ohio, for four consecutive 


OHIO RELIGIOUS CORPORATIONS. 33 
weeks beginning May 10, 1898; that the allegations of said 
petition are true; that the sale prayed for is desired by the 
members of said Church; and that it is right and proper 
that authority be given to accomplish the same. 

It is therefore ordered by the court that the said Asbury 
Methodist Episcopal Church be and it hereby is author- 
ized to sell the said real estate in the petition described. 
Said sale shall be upon,the following terms: One-third of 
the sale price shall be paid cash, the balance in two 
equal payments due in one and two years respectively, 
bearing six per cent interest per annum, and secured by 
mortgage upon the said real estate. Said real estate shall 
not be sold for less than the sum of five thousand dol- 
lars, and said corporatiun is ordered to report its doings 
under this order to this court for confirmation. 


Form FoR Reporr oF SALE. 
Caption. 

Now comes the Asbury Methodist Episcopal Church by 
its attorneys, and reports to the court that it has sold the 
real estate in the petition described for the sum of five 
thousand dollars to William Wilson, upon the terms or- 
dered by the court, viz.: one-third cash and one-third in 
one year and one-third in two years, deferred payments to 
bear six per cent interest and to be secured by mortgage 
upon said real estate. 


Form For ENTRY OF CONFIRMATION. 
Caption. 

This cause this day came on to be heard upon the re- 
port of sale of the real estate in the petition described, by 
petitioner to William Wilson, filed herein and submitted 
to the court. 

Upon consideration whereof, the court finds that the 


34 OHIO RELIGIOUS CORPORATIONS. 


same is in all respects regular and according to the order 
of the court; and the same is hereby approved and said 
Asbury Methodist Episcopal Church is hereby authorized 
to make and deliver a deed in fee simple for said premises 
in the petition described to said William Wilson, the pur- 
chaser thereof. 

Said corporation is further ordered to expend the sum 
realized from said sale of said realestate only in the pur- 
chase of a site and the erection thereon of a church edifice 
in the City of Springfield, Clark county, Ohio. 


ForM FOR PETITION FOR AUTHORITY TO INCUMBER. 


Follow form above given for a petition for authority to 
sell to *, and then say: 

The said Asbury Methodist Episcopal Church is erect- 
ing upon said premises a dwelling-house to be used by 
said Church as a parsonage or residence for its pastor ; 
that in order to pay for the construction of said dwelling- 
house, it is necessary for said Church to borrow the sum 
of two thousand dollars. 

Said Church have made an agreement with the Spring- 
field Savings Society for a loan from said Society of said 
sum of $2,000.00 for one year with six per cent interest 
thereon, said loan to be secured by a mortgage on the 
premises above described. 

Said real estate is not used or occupied as a burial-place 
for the dead. 

Wherefore, petitioner prays fora decree authorizing it to 
incumber by mortgage the above described real estate to 
secure to said Springfield Savings Society or to any other 
person, from whom said amount may be obtained, the 
payment of said loan of $2,000.00, one year after the date 


OHIO RELIGIOUS CORPORATIONS. oO 


of obtaining saidsum, with six per cent interest per annum, 

and for such other relief as may be necessary in the premises. 
Smpson & Simpson, 

Attorneys for Petitioner. 


LecaL NotIce. 


Notice is hereby given that the Asbury Methodist Epis- 
copal Church of Springfield, Ohio, a religious corporation 
under the laws of Ohio, did, on the 10th day of May, a. 
Dp. 1898, file in the Court of Common Pleas, of Clark 
county, Ohio, a petition praying for authority to incumber 
by mortgage the following described real estate, viz.: 

[ Description. ] 


Said incumbrance to be given to the Springfield Savings 
Society, or to some other person, loaning to said Church 
$2,000.00 at six per cent interest, for a term of one year, 
to secure the payment of the same. 

Said petition will be for hearing on and after four weeks 
from this date, May 10, 1898. 

Smmpson & SIMpPson, 
Attorneys for Petitioners. 


For succeeding entries and the report of the incum- 
brance, the forms given in the case of a sale can be easily 
adapted. 

A religious corporation may give a purchase money 
mortgage without an order of court, although forbidden to 
sell without such an order. 

20 A. & E. Encyclopedia of Law, p. 815. 


In a New York case, the court said:‘‘ I am satisfied an 


order was never necessary to enable a religious corporation 


36 OHIO RELIGIOUS CORPORATIONS. 


purchasing land, to execute a mortgage for the purchase 
money. It was a question of purchase ratber than sale. 
The statute is only applicable to a case, where the Church 
is the owner of real property; and its object is, that the 
court may control the disposition of the proceeds and pre- 
vent a misapplication of trust funds. If no mortgage 
whatever had been executed by the plaintiff, Clapp would 
still have had an equitable lien for the purchase money 
which he might have enforced by foreclosure, and as against 
the plaintiff, it would have been as effectual as a mortgage 
formally executed under the order of the court. 
Baptist Society vy. Clapp, 18 Barbour Reps. 35. 


The giving of a purchase money mortgage by a re- 
ligious corporation without an order of court, would there- 
fore be but the expressing in writing of the vendor’s lien, 
which exists independent of the court’s order; and the re- 
cording of such a mortgage would give notice to all the 
world of the existence of the lien. It is possible to reserve, 
validly, a vendor’s lien, in the deed conveying the prop- 
erty. And to do the same, in the form of two instru- 
ments, a deed and then a mortgage back, would be but a 
variation in form and not in substance. 


Sec. 3. Sale of Unclaimed Real Estate. 
§ 3774. ‘‘When the title of any real estate is vested in 
trustees for the use of churches, or congregations of 
churches, and, owing to the peculiar situation of such real 


estate, or the nature of the trust or conditions upon which 


OHIO RELIGIOUS CORPORATIONS. BY A 


it is held, it has not been for twenty years claimed by or 
appropriated to the use of churches or congregations, as 
originally contemplated, and such trustees are in doubt as 
to what disposition to make of such unappropriated church 
property, and when any public church-site and meeting- 


house has been abandoned by the public as a place of 
worship, and the trustees invested with the title of such 


property have sold the same, and are in doubt as to what 
disposition to make of the proceeds thereof, such trustees 
may file a petition in the court of common pleas of the 
county where the property is situate, setting forth all the 
facts in the case, and asking the direction of the court as 
to the proper disposition of such unappropriated property 
or proceeds.” [65 v. 84, § 1.] 


§$ 38775. ‘‘ Notice of the filing of such petition shall be given 
by publication in some newspaper printed and of general cir- 
culation in the county where it is filed, for four consecutive 
weeks, setting forth the object and prayer thereof, and 
that any person, church, or congregation, claiming an in- 
terest in the subject-matter of such petition, may appear 
and file an answer therein; and the court, on final hearing 
of the case, shall make such order or decree therein as will 
best secure the rights of the churches or congregations, or 
person having an interest therein, and as will best promote 
the interests of religion, having regard, as near as may be, 
to the nature and terms of the original trust or purpose 
with which such property or proceeds is charged, and shall 


38 OHIO RELIGIOUS CORPORATIONS, 


tax the costs of the proceeding as justice and equity re- 
quire.” [65 v. 84, §2.] 


The forms given under Sec. 2, of this chapter, can 
readily be adapted to sales provided for by § 3774. 

Where doubt exists as to the disposition of the proceeds 
of a sale, the filing of a petition under this section, would 
thus make two suits necessary. While originally, in the 
petition to the court asking for the order of sale, an addi- 
tional cause of action could be added, asking the court’s 
direction as to the disposition of the proceeds of the sale, 
and thus the result provided for in this section, would be 
accomplished in a single action. 


Sec. 4. Sale of Abandoned Real Estate. 

§ 5812. ‘‘When any real estate, except burial grounds 
or a cemetery, has been donated, bequeathed, or otherwise 
intrusted to, or purchased by, any person or trustee, for 
any public religious use, but not to or for the use of any 
specific or particular religious society or denomination, or 
when the same has been donated, bequeathed, or intrusted 
to, or purchased by, a particular religious society or de- 
nomination, and has been abandoned for such use, the 
court of common pleas of the county in which the same 
is located may, upon good cause shown, upon the petition 
of any citizen of the vicinity, make an order for the sale 
of such property, whether the same has been built upon or 
otherwise improved or not, and may make such order as 


to costs, and such disposition of the proceeds of the sale to 


OHIO RELIGIOUS CORPORATIONS. 39 


such religious or other public use, as shall be just, proper, 
and equitable; and the purchaser thereof shall be invested 
with as full and complete a title thereto as the character 


of the original grant for such religious use will allow.’ 
[66 v. 126, §§ 1, 2.] 


§ 5813. ‘‘All persons who have a vested, contingent 
or reversionary interest in such real estate, and the trust- 
ees or other temporal officers of any religious society then 
using the same, shall be made parties to the petition, and 
be notified of the filing and pendency thereof, as in a civil 
action.” [66 v. 126, § 2.] 


Sec. 5. Transfer of certain Church Property. 


§ 3776-1. ‘‘Any ecclesiastical society incorporated under 
the laws of this state connected with a church of Christ in 
this state, may by a three-fourths vote of its adult members 
present and voting at a meeting warned and held for that 
purpose, assign, transfer and convey to the church with 
which it is connected, and which is incorporated under the 
laws of this state, all the property and estate, real and 
personal, and trust funds of said society to be held by said 
corporation under the trusts and for the same uses upon 
which the same had heretofore been held by such society, 
and the society, committee, or trustees, are fully authorized 
to make, pursuant to such vote, any and all conveyances 
necessary to complete sach assignment and transfer; but 
before the same shall be effectual a certificate of the fact 
of such assignment and transfer shall be filed in the office 


40 OHIO RELIGIOUS CORPORATIONS. 


of the secretary of state, and in the office of the clerk of 
the county in which the property is located.” [88 v. 298. ] 


This statute can be best explained by example. Assume 
an incorporated Christian Endeavor Society or a Baptist 
Young Peoples’ Society, connected with a church of its 
denomination, in a certain locality, and owning property, 
real or personal; this statute would authorize the convey- 
ance to the church with which the society was connected, 
of all of the society’s property, without first obtaining an 
order of court authorizing the conveyance. 


Certificate. 
SPRINGFIELD, Ouni0, July 10, 1898. 
Honorable Secretary of State. 

This is to certify that the Christian Eudeavor Society of 
the Fifth Presbyterian Church, of Springfield, Ohio, a cor- 
poration under the laws of Ohio, connected with the said 
Fifth Presbyterian Church, of Springfield, Ohio, also a 
corporation under the laws of Ohio, has this day assigned, 
transferred and conveyed to the said Fifth Presbyterian 
Church the following described real estate. 

[Description. ] 
Also the following scheduled personal property. 
(Schedule. ] 
Also the following scheduled trust funds. 
[ Schedule. ] 
Said property is all of the property of said society. 

Said conveyance was duly authorized by a three-fourths 

vote of the adult members of said society present and voting 


OHIO RELIGIOUS CORPORATIONS. 41 


at a meeting duly warned and held for that purpose on the 
8th day of July, a. p. 1898. 
Witness our hands and the seal of said society. 
THE CuHristiAN ENDEAVOR SOCIETY OF THE Firra 
[SEAL.] PRESBYTERIAN CHURCH, OF SPRINGFIELD, OHIO. 
By J. W. Srewart, President, 
ELIZABETH JOHNSON, Secretary. 


Sec. 6. Conveyance of Church Sites. 
CuurcH Sires SuBsJEcT TO PAYMENT OF JUDGMENT. 


§ 3776. ‘‘When any real estate has been purchased by 
or conveyed to trustees for the use of churches or congre- 
gations, as sites for meeting-houses to be erected thereon, 
and such churches or congregations have erected houses of 
worship thereon, but no power is possessed by such trustees 
to convey such real estate to such congregations, or to the 
trustees thereof, such trustees may convey such improved 
sites to the trustees of such congregations; provided, how- 
ever, that were an incorporated religious congregation, 
society, association, sect, or denomination, use or occupy as 
and for a place of worship, real estate which is held in trust 
for such religious congregation, society, association, sect, or 
denomination, or the members thereof, as and for a place of 
worship, and a judgment has been, or may be, recovered 
against such incorporation, the said real estate, together with 
such edifice and improvements thereon, shall, by a civil 
action for that purpose, be subjected to the payment of such 
judgments and costs.” [80 v. 51.] 


42 OHIO RELIGIOUS CORPORATIONS. 


GHA RTE Re Villa 
ParTITION oF REAL Estate. 


Sec.1. How Accomplished. 

§ 5775. ‘‘When two or more religious denominations, or 
other societies or associations, have united in a corporation, 
and as such corporation acquire title to real estate in this 
state, and subsequently agree to separate and form two or 
more separate corporations under the laws of the state, 
either corporation, after such separate organization, may 
file its petition, under this chapter, for partition of such 
property so acquired and held.” [62 v. 142.] 


§ 5776. ‘‘When two or more religious societies or con- 
gregations have, by gift or purchase, acquired land upon 
which to erect a house of public worship, and other build- 
ings for church or school purposes, and for a cemetery, in 
common, and either of such societies or congregations de- 
sires to abandon the joint use of such house of public 
worship, or other erections, it may commence an action for 
the partition of the use of such common property, except 
the cemetery, which may continue to be used in common.” 
[56 v. 67, § 1.] 


§ 5777. ‘If the court find that partition, in cases men- 
tioned in the last section, can be made in such manner as 


OHIO RELIGIOUS CORPORATIONS. 48 


to occasion no confusion or inconvenience to either party 
in the separate use of the common property, it may order 
partition thereof to be made; it shall specify in the judg- 
ment for what purpose partition of the use is made, and 
how and for what purpose the use of the premises alloted 
to each party shall be occupied; and in no case shall the 
same or any part thereof be occupied for any other purpose 
than the erection of a house of worship, and other erec- 
tions connected therewith.” [56 v. 67, §§ 2, 3, 4.] 


§ 5778. ‘‘ The court, having regard to the interest of the 
parties, and the benefit each may derive from a partition, 
and according to equity, shall tax the costs and expenses 
which accrue in the action, including reasonable connsel 
fees, which shall be paid to plaintiff’s counsel, unless the 
court award some part thereof to other counsel for service 
in the case for the common benefit of all the parties; and 
execution may issue therefor as in other cases.” [29 v. 
254, § 16.] 


44 OHIO RELIGIOUS CORPORATIONS. 


CHAPTER EX, 
CEMETERIES. 


Sec. 1. Sale of. 

§ 3773. ‘‘When a religious or educational corporation or 
society holds any lands within the limits of any city or 
village which has [have] been used as a cemetery, and in- 
terments in which have been prohibited by the ordinances 
of such municipal corporation, the trustees, wardens, 
vestry, or other officers intrusted with the management of 
the property of such corporation or society, may file a pe- 
tition in the court of common pleas of the county where 
such property is situated, setting forth therein a descrip- 
tion of the property, the existence of such ordinance, and 
the names of all persons holding burial privileges in such 
cemetery, so far as known to them, and if such privileges 
are held by persons whose names are unknown to them, 
the facts as to same, shall also be stated, and asking that 
the value, if any, of such burial privileges shall be deter- 
mined by the court, and [the] direction of the court as to 
the removal of the bodies interred in such cemetery to 
other cemeteries, and for an order to sell such property free 
from such burial privileges. Notice of the filing of such 
petition shall be given by publication in some newspaper, 
printed and of general circulation in the county where it 
is filed, for four consecutive weeks, setting forth the object 


OHIO RELIGIOUS CORPORATIONS. 45 


and prayer thereof, and that any persons claiming an in- 
terest in the subject-matter of the petition, or burial privi- 
leges in such cemetery, may appear and file an answer 
therein, within six weeks from the date of the first publi- 
cation of such notice, and after which, such case shall 
stand for hearing; and if, upon final hearing of the case, 
it shall be made to appear that such cemetery is as above 
described, the court shall proceed, with or without the aid 
of a jury, as the parties appearing may elect, and hear and 
determine the value, if any, of such burial privileges, and 
order that the corporation or society shall pay any amount 
so ascertained to the holder of such privilege, and the 
court may order said cemetery property sold, free from 
such burial privileges, and may direct a subdivision of 
same into lots for the purpose of sale, and shall direct the 
application of the money arising therefrom, to such uses of 
such corporation or society, for pious or educational pur- 
poses, as the trustees, wardens, vestry, or other officers 
conceive to be most for the interest of the corporation or 
society to which the cemetery so sold belonged; but such 
sale shall not be made until the bodies interred therein are 
removed to other cemeteries, as directed by the court on 
the final hearing of the case; provided, that any holder 
of such burial privilege who may not have appeared in 
such proceeding, and who has not waived his right to re- 
ceive compensation for same, may assert his right to re- 
ceive from such society or corporation, compensation 
therefor, within five years after the final entry to such pro- 
ceedings.” [87 v. 189.] 


46 OHIO RELIGIOUS CORPORATIONS. 


Sec. 2. Forms under ? 3773. 
Court of Common Pleas, Clark County, Ohio. 


In the matter of the Trustees Petiti 

of the Tenth Baptist Church. } cas 

Petitioners say that the Tenth Baptist Church of the 
City of Springfield, Ohio, is a religious corporation duly in- 
corporated under the general corporation laws of the State 
of Ohio. 

Said Tenth Baptist Church is the owner of the follow- 
ing described lands situated in the City of Springfield, in 
the County of Clark and State of Ohio, viz: 


[ Description. ] 


Said lands, under the management of petitioners, have 
been used as a cemetery. 

Interments therein have been prohibited by an ordinance 
of said City of Springfield, passed by the City Council of 
said city August 21, 1897. 

The following persons hold burial privileges in such 
cemetery, viz: 

John Smith, in Lot No. One. 

John Jones, in Lot. No. Two. 

Jacob Brown, in Lot No. Three, ete. 

No other persons are known by petitioners to hold burial 
privileges therein. 

Burial privileges in the following lots have also been 
sold, but their present holders are unknown to petitioners, 
viz: 

Burial privileges were originally sold in Lot. No. Forty- 
two to A. Johnson, since deceased; and his heirs or de- 
visees are unknown to petitioners, ete. 

Petitioners pray that the value of such burial privileges 
shall be determined by the court and for the direction of 


OHIO RELIGIOUS CORPORATIONS. 47 


the court as to the removal of the bodies interred in such 
cemetery to other cemeteries, and for an order to sell such 
property free from such burial privileges. 
B. A. Martin, 
C. B. WISEMAN, 
D. C. CARPENTER, 
F. E. Murray, 
Ge le Miver: 
Trustees. 
By Brown & Browy, their Attorneys. 


State of Ohio, 
Clark County, \ = 
B. A. Martin being sworn says that he is one of the 
foregoing petitioners; that the statements of the foregoing 
petition are true as he believes. B. A. Martin, 


Sworn to before me and in my presence subscribed this 
12th day of January, A. D., 1898. Ricuarp Fox, 
[SEAL. ] Notary Public, Clark County, Ohio. 


LEGAL NorIce. 


Notice is hereby given that the Trustees of the Tenth 
Baptist Church of Springfield, Ohio, a religious corpora- 
tion duly incorporated under the laws of Ohio, did on the 
12th day of January, A. D., 1898, file in the Court of 
Common Pleas of Clark County, Ohio, a petition reciting 
the ownership by said corporation of the following de- 
scribed lands, viz: 

[ Description. | 

Said petition further recites that said lands have been 
used as a cemetery ; and that an ordinance of the City of 
Springfield has been enacted prohibiting interments therein ; 
and further that certain burial privileges therein are held 


48 OHIO RELIGIOUS CORPORATIONS. 


by certain parties known to petitioners, and by others un- 
known. 

The prayer of said petition is as follows, viz: 

[ Prayer. ] 

Any person claiming an interest in the subject-matter of 
said petition or burial privileges in said cemetery may ap- 
pear and file an answer to said petition within six weeks 
from January 15, 1898, and after the expiration of said 
time such case shall stand for hearing. 

Brown & Brown, 
Attorneys for Petitioners. 


Form FoR ENTRY. 
Caption. 

This cause this day came on to be heard upon the plead- 
ings and the evidence, and was submitted to the court. 

Upon consideration whereof, the court finds that due 
notice of the pendency, object, and prayer of the petition 
has been published in the Springfield Times, a newspaper 
of general circulation in Clark county, Ohio, for four con- 
secutive weeks, beginning January 15, 1898. 

It is further found by the court that said lands in the 
petition described have been used by said Church as a 
cemetery, as in said petition set forth. 

It is therefore considered by the court that a jury be 
impaneled, who shall hear and determine the value, if 
any, of the burial privileges found by said jury to be held 
in said lands; and to report their findings to the court for 
its further order. 

Or, 

‘And the court, then, by agreement of parties, proceeding 
to determine the value of the burial privileges held in said 
lands, finds as follows: 


OHIO RELIGIOUS CORPORATIONS. 49 


John Smith holds burial privileges in Lot No. 1 in said 
lands, and the same is hereby valued at $20.00. [Etc. ] 


Form For Entry. 
Caption. 

This cause this day came on to be heard upon the find- 
ings of the jury impaneled herein. 

Upon consideration whereof, the court orders that said 
findings of said jury be and the same hereby are approved 
and confirmed. 

The court therefore orders that the said Tenth Baptist 
Church pay to the holders of the said burial privileges the 
said amounts so found by said jury, as follows, viz: 

To John Smith, $20.00. 

To John Jones, $25.00. [Etc.] 

And it is considered by the court that said parties above 
named recover from said Tenth Baptist Church the said 
sums set opposite their names respectively, and execution 
is awarded therefor. 

It is further ordered that all the bodies interred in said 
lands be removed to other cemeteries. Bodies upon lots of 
holders of burial privileges shall be removed to cemeteries 
designated by such holders; and $ of the expense of 
the removal of each of such bodies shall be paid by such 
Tenth Baptist Church ; and all other bodies interred in said 
cemetery shall be removed by said Tenth Baptist Church 
and re-interred in the Calvary Baptist Cemetery, in Spring- 
field township, Clark county, Ohio. 

It is further considered by the court that the said peti- 
tioners be and they hereby are authorized and ordered to 
sell said lands in the petition described free from all burial 
privileges therein. Said petitioners are directed to employ 
a competent surveyor and have said lands surveyed, and 
subdivided into lots for the purposes of such sale. 





50 OHIO RELIGIOUS CORPORATIONS. 


Said petitioners are directed to have said lands, so sub- 
divided, appraised by the oaths of three judicious free- 
holders of the vicinity, who shall make a report of their 
appraisement to the court. And said sale shall be at 
public auction, upon the premises, and upon the following 
terms, viz: 

(Terms of Sale.) 

No lot shall be sold for less than two-thirds of the 
appraised value thereof. 

Provided, and the court hereby orders, that such sale 
shall not be made until the bodies interred in said lands 
are removed to other cemeteries; and said trustees are di- 
rected to file with the clerk of this court their written 
report, under oath, showing such removal, after the same 
has been accomplished; and, upon the filing of the same, 
said clerk shall issue to them an order of sale for said 
lands; and said trustees shall report their proceedings 
under such order of sale to this court for confirmation. 


For further entries, the forms herein before given under 
ordinary sales by religious corporations can be readily 
adapted. 


Sec. 3. Conveyance of Public Burying-grounds. 

§ 3773-1. ‘‘ Whenever any public burying-ground is 
located on or near a township line, and is used by the 
people of two or more townships for burying purposes, the 
title of which is vested in any religious or benevolent so- 
ciety, such religious or benevolent society, or the trustees 
thereof, may convey the same to the trustees of such 
townships so using the same, and their successors in office, 
jointly ; and the trustees of such townships shall accept 


OHIO RELIGIOUS CORPORATIONS. 51 


the same and shall jointly take possession of the same, 
and take care and keep the same in repair, as required as 
to public burial-grounds in and belonging to the re- 
spective townships, and each township shall bear an equal 
share of the expenses thereof; and the trustees of each 
township shall levy needful taxes in that behalf, not ex- 
ceeding in any one year more than one-fourth of one per 
cent.” [90 v. 151. ] 


52 OHIO RELIGIOUS CORPORATIONS. 


CHAPTRRXs 
CoNSOLIDATION OF ReELIGIous CoRPORATIONS. 


Sec.1. How Accomplished. 

§ 3777. ‘‘ When two or more religious societies, churches, 
or associations, recognizing the same ecclesiastical jurisdic- 
tion, form of faith, government, order, and discipline, and 
incorporated by or under any law of this state, desire to be 
consolidated or united as a single corporation, the elders, 
trustees, deacons, directors, or other known and legal repre- 
sentatives of such societies, churches, or associations, may 
enter into an agreement for such union or consolidation, and 
prescribe the terms and conditions thereof, the corporate 
name of such united society, church, or association, the 
the time and place for the first meeting of the new corpo- 
ration, the number of members of each separate branch 
or organization who shall be chosen as directors, trustees, 
elders, or other officers for the new corporation, to succeed 
to the rights, trusts, duties, and obligations of those off- 
cers who, in the separate organization, held in trust the 
estate, real and personal, of such separate churches, socie- 
ties, or associations, with such other estates as they may 
deem necessary to complete the new corporation; but an 
agreement so made shall not be valid until it has been 
submitted to a separate meeting of the members of each 


organization, of which due and full notice has been given, 


OHIO RELIGIOUS CORPORATIONS. Oe 


according to the form and usage for calling church, con- 
gregation, or society meetings, and ratified by a two-thirds 
vote of all present at such meeting, in person or by proxy, 
and entitled to vote according to laws, regulations, or usages 


of such church, society, or corporation.” [67 v. 30, § 1.] 


§ 3778. ‘‘ When the agreement has been ratified by each 
church, society, or association, which is a party to the pro- 
posed united organization, the clerk or secretary of each 
meeting shall certify the record of the proceedings thereof, 
and deliver the same to the clerk or secretary of the first 
meeting of the united churches, societies, or organizations, 
as hereinbefore provided, and as specified in the terms of 
agreement.” [67 v. 30, § 2.] 


§$ 3779. ‘If, atthe first meeting of the united corporations, 
the proceedings and acts of the several churches, societies, 
and parties thereto are submitted to and approved by the 
meeting, and a board of trustees, directors, or other offi- 
cers are chosen in accordance with the terms of agreement, 
the clerk or secretary of the meeting shall certify such 
approved agreement or terms of union, and file the same 
in the office of the secretary of state, whereupon the several 
churches, societies, or associations, parties thereto, shall be 
deemed and taken to be one corporation, possessing within 
this state all the rights, privileges, and franchises, and 
subject to all the restrictions, disabilities, and duties, of such 
new corporation.” [67 v. 380, § 3. ] 


§ 3780. ‘*The new corporation, with its officers and 


54 OHIO RELIGIOUS CORPORATIONS. 


chosen representatives, shall succeed to, and be invested 
with, all and singular, the right, title, and interest in and 
to every species of property, real, personal, or mixed, and 
all and singular the rights, privileges, and franchises of 
each of the churches, societies, or associations parties 
to the agreement, without any other act, conveyance, or 
transfer; and such new corporation shall hold and en- 
joy the same, with all the rights pertaining to such prop- 
erty, franchises, and trusts, and shall be, subject to all the 
debts, liabilities, and obligations, in the same manner and 
to the same extent as any or either of the churches or so- 
cieties parties to the new corporation.” [67 v. 30, § 4.] 


Sec. 2. Forms under ?? 3777, 3778, 3779, and 3780, 
Form oF RESOLUTION. 


Whereas, it is believed by the Board of Trustees of the 
St. James Church, that it is inexpedient to continue 
the separate existence of said Church; and, 

Whereas, said Board believe that a union of this Church 
with the St. John Church would advance the interests 
of the gospel and of this denomination; therefore, 

Be it resolved, that a committee of three be appointed, 
who shall have the power on behalf of this corporation to 
enter into an agreement with said St. John Church 
for the union of said corporations into a single corporation, 
upon terms and conditions to be mutually agreed upon, 
and subject to ratification by the membership of this 
Church. 











Form oF AGREEMENT. 








This agreement, made this day of Ande 
18—, between the St. James Church, of Springfield, 
Ohio, a corporation under the laws of Ohio, and the St. 





OHIO RELIGIOUS CORPORATIONS. 55 





John Church, of Springfield, Ohio, also a corporation 
under the laws of Ohio, and both being corporations 
recognizing the same ecclesiastical jurisdiction, form of 
faith, government, order, and discipline, witnesseth : 

(1.) Said corporations hereby unite and consolidate as a 
single corporation. 

(2.) The corporate name of such united corporation 
shall be the St. Luke’s Church, of Springfield, Ohio. 

(3.) The first meeting of said new corporation shall be 
held on the day of , A. D. 18—, at the church 
edifice of the (formerly) St. James Church, on Main 
avenue, Springfield, Ohio, at 7:30 Pp. m. 

(4.) The number of Trustees of said new corporation 
shall be , and there shall be chosen at said meeting 
Trustees from each of said contracting corporations, to 
serve for months, and until their successors are elected 
and qualified; and annually thereafter on the first in 
there shall be chosen by the entire membership (pres- 
ent and voting) of said new corporation, Trustees for 
a term of one year, and until their successors are elected 
and qualified. 

(5.| This agreement shall be separately submitted for 
ratification to the membership of each of said contracting 
corporations. 

This agreement is made in pursuance of resolutions 
passed by the Boards of Trustees of each of said contract- 
ing corporations. 

Witness the names and seals of said contracting corpo- 
rations, by their respective officers, the day and date first 
above written. Tue Sr. JAMES CHURCH, 

By Joun Dor, President. 
RicHarpD Rog, Secretary. 
THE Sr. JoHN —— CHURCH, 
By Joun Jounson, President. 
JAMES Ricwarps, Secretary. 



































56 OHIO RELIGIOUS CORPORATIONS. 


No form is here given for a notice to the separate con- 
gregations for the meetings to be held to ratify said agree- 
ment, because the same would vary according to the 
form and usage of the several denominations. But the 
same should be such as to give ample time and opportu- 
nity for all to know of the proposed action; and a copy 
of the same, with its manner of giving, should be fully 
noted upon the records of the board of trustees of each of 
said corporations. 


Form OF CERTIFICATE. 


Honorable Secretary of State : 

This is to certify that the above is a true copy of the 
article of agreement or terms of union between the St. 
John Church and the St. James Church, both 
of Springfield, Ohio, and both corporations under the 
laws of Ohio, which was duly ratified by each of said 
contractiug corporations by a two-thirds vote of the 
membership (present and voting) of each of said corpora- 
tions at meetings held by each for that purpose, due and 
full notice of which had been given according to the form 
and usuage of said Church for calling congregational 
meetings. 

And the record of the proceedings of each of said meet- 
ings having been certified to by the Secretaries of such 
meetings, and by them delivered to me, the Secretary of 
the first meeting of such united corporation. 

Now, I do hereby further certify that the said agree- 
ment or terms of union, together with the proceedings and 
acts of said contracting corporations in relation thereto, 
were at such first meeting of such united corporation, held 
on the day of , A. D. 18—, submitted to and ap- 

















OHIO RELIGIOUS CORPORATIONS. 57 


proved by said meeting, and a Board of Trustees for said 

new corporation was chosen in accordance with the terms 

of said agreement. ALBERT Scort, 
Secretary. 


Sec. 3. Transfer of Property after Union of Cor- 
porations. 


§ 3781. ‘‘ When any two or more religious societies, de- 
nominations, or ecclesiastical corporations in this state 
hereafter unanimously form a union, or which have here- 
tofore unanimously formed a union, and become united or 
consolidated under and by virtue of any rules and regula- 
tions of such societies, denominations, or corporations, or 
laws of this state, the trustees, deacons, directors, or other 
proper officers of such new society, denomination, or cor- 
poration, may, at the request of a majority of the mem- 
bers of either of such societies, denominations, or corpora- 
tions, petition the court of common pleas of the proper 
county, setting forth the fact of such union, and the court 
may, in its discretion, make an order requiring such 
officers, at the time of such union, to convey to such new 
organization the real estate owned and held by the parties 
to the union, as the court may direct; and if any of such 
officers refuse or neglect to obey such order, the decree of 
the court shall serve as such conveyance; but such order 
shall in no case be inconsistent with the original terms 
upon which such real estate became vested in or intrusted 
to the parties to the union; and in all cases the grantors of 
such real estate to such parties, or their heirs, shall be 


made parties to the petition, and such grantors or their 


58 OHIO RELIGIOUS CORPORATIONS. 


heirs who make no defense shall not be subject to costs.” 


[73 v. 225, § 1.] 


§ 3782. ‘‘ Notice of the pendency of such petition shall 
be given by publication in a newspaper published in the 
county where the petition is filed, for four consecutive 
weeks, setting forth the object and prayer of the petition, 
and if no newspaper is printed in such county, publication 
shall be made in the newspaper published nearest to such 
county.” [73 v. 225, § 2.] 


In regard to above statutes, if the consolidation is 
effected under sections 3777-3780, no conveyance is neces- 
sary, but the fact of the consolidation vests the property 
of each in the new corporation. 

No consolidation of two corporations could take place by 
virtue of rules and regulations of their own, but same must 
be done under the laws of the state. These sections there- 
fore can have no value for corporations. There possibly 
might be such a situation where two unincorporated 
societies united, but it is hard to conceive of if the con- 


solidation is unanimous. 


OHIO RELIGIOUS CORPORATIONS. 59 


CHAPTER XI. 
CHANGE OF NAME. 


Sec.1. How Accomplished. 

$5855. ‘‘The . . . trustees ofa corporation incorpor- 
ated in this state may file a petition in the court of com- 
mon pleas of the county in which its principal office is 
located, or, if it has no principal office, in the county in 
which it is situate, fora change of name of such corpora- 
tion; and the court, upon being satisfied that thirty days’ 
notice of the object and prayer of the petitioners has been 
given, by publication in a newspaper of general circulation 
in the county and upon good cause shown, shall order the 
change of name as prayed for.” [51 v. 293.] 


§ 5856. ‘“‘A copy of the order of the court shall be filed 
with the secretary of state, if the articles of incorporation 
were filed in his office, or with the recorder of the county, 
if the certificate was filed in his office; and in either case 
a copy of the order shall be published in some newspaper 
of general circulation in the county.” [51 v. 293.] 


§ 5857. ‘‘When the provisions of the last section have 
been complied with, such corporation shall thereafter be 
known by such new name, and shall have all the powers 
and be subject to the same restrictions, as if no change of 


60 OHIO RELIGIOUS CORPORATIONS, 


name had been made; and no such change of name shall 
affect the rights of such corporation, or of any individual, 
or other corporation.” [51 v. 293.] 


Sec. 2. Forms Under 2? 5855, 5856, 5857. 
Court of Common Pieas, Hamilton County, Ohio. 


n the matter of the Main Street ae 
2 Christain Church, Ex parte. \ Petition. 

A. B., C. D., E. F., G. H. and J. K., petitioners, say 
that they are the duly elected and qualified trustees of the 
Main Street Christian Church, a corporation duly incorpo- 
rated under the Jaws of Ohio, and whose principal cffice 
is located at Cincinnati, in Hamilton county, Ohio. 

Petitioners say that their church edifice has been re- 
moved from Main street in said city to a location 
upon Fourteenth street in said city, and that for that 
reason it will no longer be appropriate for it to be known 
by its present name. They further say that the Four- 
teenth Street Christian Church would be a more appro- 
priate name for said corporation, and such name meets 
with the approval of the membership of said church. 

Petitioners therefore pray that the name of said corpo- 
ration be changed from its present name to that of ‘‘ the 
Fourteenth Street Christian Church.” 

JONES & JONES, 


Attorneys for Petitioners. 
[ Verification. | 


Legal Notice. 








Notice is hereby given that on the day of 
A. D. 18—, in the Court of Common Pleas of Hamilton 
County, Ohio, the undersigned trustees of the Main Street 
Christian Church, a corporation under the laws of Ohio, 


OHIO RELIGIOUS CORPORATIONS. 61 


filed their petition, the object and prayer of which, is, for 
an order of said court changing the name of said corpo- 
ration from its present name to that of ‘the Fourteenth 
Street Christian Church.” 

Said petition will be for hearing by said court at the 





expiration of thirty (30) days from the day of —— 
A. D. 18— 
(Signed, ) Bod eg Od BA OGM Ow C4 as Bald fed Cee 


Trustees of the Main Street Christian Church. 
Jones & JONES, Attorneys. 


Proof of publication should be made as in other cases. 


Court of Common Pleas, Hamilton County, Ohio. 


In the Matter of the Main Street ; noe 

Christian Church, Ex parte. e 

This cause this day came on to be heard upon the peti- 
tion and the evidence. 

Upon consideration whereof, the court finds that the 
said Main Street Christian Church is a corporation duly 
organized under the laws of Ohio, and whose principal 
office is located at Cincinnati, in Hamilton County, Ohio; 
that thirty days notice of the object and prayer of the 
petitioners has been duly given by publication in the ; 
a newspaper of general circulation in said Hamilton 
county; and that good and sufficient cause has been 
shown as set out in said petition for the change of the 
name of said corporation as prayed for therein. 

It is therefore ordered by the court that the name of 
said corporation, the Main Street Christian Church, be and 
the same hereby is changed to ‘‘The Fourteenth Street 
Christian Church.” 

It is further ordered that said trustees pay the costs 
hereof, taxed at $ ; 








62 OHIO RELIGIOUS CORPORATIONS. 


Certificate. 
Court of Common Pleas, Hamilton County, Ohio. 
Be it known that I, ——, Clerk of the Court of Com- 


mon Pleas of Hamilton County, Ohio, do hereby certify 
that the following is a true copy of an order of said court, 
made upon the day of , A. D., 18—, in cause 
No. , wherein the trustess of the Main Street Chris- 
tian Church are petitioners. 
[Copy of Order. ] 

Witness my hand and the seal of said court this —— 
day of , A. D., 18—. , 
(Signed. ) Clerk. 




















A copy of the order of the court duly certified must be 
filed, as required by § 5856, with the secretary of state or 
the county recorder, as the case may be, according to 
original obtaining of the articles of incorporation. The 
same section also requires at least one publication of a 
copy of said order in a newspaper of general circulation 
in said county. 


OHIO KELIGIOUS CORPORATIONS. 63 


CHAPTER XII. 
SPECIAL CORPORATIONS. 


See.1. Associations for Holding Donations and Be- 
quests. 

§ 3783. ‘‘An association incorporated for the purpose of 
receiving and holding donations and bequests, and funds 
arising from other sources, and disbursing the interest and 
income arising therefrom as in this section provided, shall 
hold all such principal sums as a permanent fund; and the 
interest arising from such fund, and the annual income 
arising from all personal and real property held by such 
association, shall be applied and distributed annually as 
follows: 

First. To the payment of the necessary expenses of such 
association. 

Second. The balance shall be paid to the board of 
stewards, or any officer that may be designated by any 
conference, synod, assembly or association within the 
bounds of which the principal office is located at the time 
of such organization, to be distributed by the board of 
stewards, or such other officer, annually to such persons as 
may be designated by such conference, synod, presbytery, 
assembly or association.” [71 v. 110, §$ 1, 2, 3, 4.] 


64 OHIO RELIGIOUS CORPORATIONS. 


Sec. 2. Endowment Fund Corporations. 

§ 3784. ‘‘When a presbytery, synod, conference, dio- 
cesan convention or other representative body of any re- 
ligious denomination in this state, or when an assembly, 
synod, conference, convention or other general ecclesi- 
astical body of any religious denomination held in the 
United States desires to create a board of trustees for any 
endowment fund or other property of the denomination 
represented by such body, and, at any regular meeting of 
such presbytery, synod, conference, diocesan convention or 
other representative body of such denomination in this 
state, or of such assembly, synod, conference, convention or 
other general ecclesiastical body in the United States, elects 
not less than five members of such denomination, one of 
whom shall be aresident freeholder in this state, to serve as 
trustees, and makes and files in the office of the secretary 
of state a statement, giving the names of such trustees, the 
character of the endowment fund or other property to be 
intrusted to their care, and the uses to which it is to be 
applied, signed by the proper presiding officer and the sec- 
retary or clerk of such body, acknowledged before a clerk 
of a court of record, notary public or a judicial officer 
having a seal, and the signing of the same is duly attested 
by such officer, and the statement thus authenticated is re- 
corded in the office of the secretary of state, the persons 
named in such statement as trustees shall, thereupon, with 
their successors in office, become a body corporate and 


politic for the purpose in such statement specified; and a 


OHIO RELIGIOUS CORPORATIONS. 65 


copy of such record, duly certified by the secretary of 
state, shall be evidence of the existence of such corpora- 
tion.” [91 v. 83.] 


§ 3785. ‘‘ Such trustees, if chosen to take charge of any 
endowment fund, may invest, manage and dispose of the 
same in accordance with the purpose for which it was 
created, subject to such regulations as the body by which 
they were elected may from time to time prescribe.” [71 


wendise Si] 


§ 3786. ‘If the trustees are chosen to take charge of 
and manage any other property that may be owned or in 
any manner acquired by such religious denomination, 
they shall have full power to hold, invest, control and 
manage the same for the benefit of the denomination 
within the presbytery, synod, conference, diocese or other 
ecclesiastical territorial limits asaforesasd. . . .” [79 
y. 14.] 


Sec. 3. Endowment Fund for Corporations. 
Form FOR EnpowMENT Funp CorPoRATION. 


It is hereby certified that at a regular meeting of [naming 
presbytery, etc.| held on the day of , A. D., 18—, 
at , the following named persons, to wit [not less than 
fie in number], all of whom are members of said denomi- 
nation, and of whom A. B. and C. D. are resident 
freeholders of this state, were duly elected trustees for 
years, of the funds now on hand, or hereafter 














66 OHIO RELIGIOUS CORPORATIONS. 


acquired, constituting the endowment fund for [name the 
purpose or otherwise designate character of fund] as author- 
ized by the said |presbytery, ete.,]| and to hold, manage, 
rent, lease, improve, sell or otherwise dispose of all real 
estate belonging to said denomination, subject to the 
direction of said [ presbytery, etc. | 

In witness whereof, said [presbytery, etc.,] has caused 
this certificate to be executed by its [title of presiding 














officer] and its [title of clerk or secretary] this day of 
A. D., 18—. 
— [ Title}, 
——— [ Title}. 


State of Ohio, 
County. f ** 





Before me, a notary public in and for said county, per- 
sonally appeared the above named and who 
each signed the foregoing certificate in my presence and 
acknowledged the same to be the free act and deed of 
said [presbytery, etc.,| and their free act and deed as such 
officers thereof. 

In witness whereof, I hereunto set my hand and official 
seal, this day of , A. D., 18—. 














Sec. 4. Printing and Publishing House. 

§ 3789. ‘‘ When a conference, presbytery, assembly, as- 
sociation, or other general ecclesiastical body held in the 
United States, elects, in conformity with the rules and regu- 
lations prescribed by such body, any number of persons, not. 
less than three, as trustees or directors of a printing and pub- 
lishing house, to hold their office until their successors are 
elected by such body, and a certificate of the election of such 


persons, and setting forth the name by which the corporation 


OHIO RELIGIOUS CORPORATIONS. 67 


is to be known, signed by the cierk, secretary, or other like 
officer of such body, together with the written acceptance of 
such offices by the persons so elected thereto, is filed in the 
office of the secretary of state, such trustees shall be deemed 
and held to be duly incorporated, by the name set forth in 
such certificate.” [68 v. 48, § 1.] » 


$ 3790, ‘‘Any corporation which has heretofore been 
established by special act of the legislature for the purpose 
named in the preceding section, and whose charter has ex- 
pired, or hereafter expires, may be renewed by a compli- 
ance with the provisions of the preceding section on the 
part of the religious sect, association, or denomination to 
which such corporation belonged, or under the direction of 
which it was carried on; and the title to all property belong- 
ing to such former corporation at the date of the expiration 
of its charter, whether the same is real, personal, or mixed, 
shall pass to and be vested in the corporation so estab- 
lished.” [68 v. 43, § 2.] 


Sec. 5. Form for Printing and Publishing House Cor- 
porations. 

It is hereby certified that at a regular meeting of [nam- 
ing conference, etc. ], held at , on the day of ‘ 
A. D. 18—, the following named persons [not less than three 
in number] were duly elected, in conformity with the rules 
and regulations of said [ conference, etc. ], as trustees of a 
printing and publishing house, the same to be a corporation 
under the laws of Ohio, under the corporate name of 
[name]. Said trustees were elected for a term of 














68 OHIO RELIGIOUS CORPORATIONS. 


years and until their successors are elected by said [confer- 
ence, etc. | 

In witness whereof, said [conference, etc.] has caused 
this certificate to be executed by its [secretary], this 
day of , A.D. 18—. 








Acceptance. 


We, the undersigned persons, elected by the [confer- 
ence, etc. ], as per above certificate, as trustees of the [name 
of corporation], a printing and publishing house under the 
laws of Ohio, hereby accept such offices and file this our 
acceptance of the same with the Secretary of State of 
Ohio. (Signed, ) : 








Sec. 6. Women’s Benevolent Associations. 

§ 3791.” ‘‘Any benevolent or charitable association in- 
corporated by or under the laws of this state, and of which 
women are or may be trustees, managers, or directors, may 
vest the custody, control, and management of all its en- 
dowment or capital, funds, and property in three male 
trustees, to be styled fiscal trustees, who shall be appointed 
from time to time as follows: One by the court of com- 
mon pleas of the county where such association is located, 
one by the probate court of such county, and one by the 
vote of a majority of the members of such association 
present at a regular meeting duly convoked ; such trustees 
shall hold their office for three years, except the first ap- 
appointed, who shall hold their office respectively for one, 
two, and three years; they shall meet in the presence of 


OHIO RELIGIOUS CORPORATIONS. 69 


the probate judge, and, by agreement, or by lot if they 
can not agree, allot themselves accordingly, and the 
judge shall give to each a certificate of the term so allotted 
to him; and upon the death, resignation, incapacity, or 
removal from the county, of either of such trustees, the 
vacancy shall be filled for the unexpired term by the 
same appointing power; but trustees shall uot be appointed 
except upon the written request of the association, filed 
in the probate court, in accordance with a resolution 
adopted by the association, at a regular meeting thereof, 
duly convoked; and until such appointment the associa- 
tion, at a regular meeting, may elect any number of such 
trustees, not less than three, with the powers and subject 
to the duties aforesaid, who shall hold their office for such 
time, not more than three years, as the association may, 
by its by-laws, determine.” [75 v. 524,§ 1.] 


§ 3792. ‘‘The trustees shall have the exclusive right, 
power, and authority, in the name and behalf of such asso- 
ciation, to demand, take, and possess all the endowment or 
capital, funds, or property which such association may have 
or be entitled to have, and the same securely manage, invest, 
change and dispose of at their will, for the use and bene- 
fit of the association, so as to yield a regular income; 
they shall, every three months, or oftener if necessary and 
convenient, give account of all such funds, property, and in- 
come, to the proper board of trustees, managers, or direct- 
ors of the association, and shall collect at such times, and 
pay over to them or their order, all the net income of 


70 OHIO RELIGIOUS CORPORATIONS. 


such investments, after deducting the actual and necessary 
expenses of the trust ; but no charge or allowance for their 
services shall be made or permitted; and such trustees 
may, for the purposes aforesaid, in the name of the asso- 
ciation, contract and be contracted with, prosecute and de- 
fend suits, and receive, hold, and dispose of all money and 
property which the association may have or acquire, or be 
entitled to have by gift, purchase, or otherwise, for its en- 
dowment, and when necessary for the purposes aforesaid 
may use the common seal of the corporation; but they 
shall not have or exercise any power, authority, or control 
over the institution or affairs of such corporation, other 
than its fiscal affairs as hereinbefore limited, nor be liable 
for its debts, or for any thing but their own acts or negli- 
gence.” [61 v. 87, § 2.] 


§ 3793. ‘‘Any benevolent or charitable association here- 
after formed, coming within the purview of section thirty- 
seven hundred and ninety-one, may make the provisions of 
the two preceding sections part of its articles of incorpora- 
tion, and any such association now incorporated, by or 
under any general or special law, may accept such pro- 
visions, by a vote of the majority of the members present 
at a regular meeting, and when so accepted, and a certified 
copy of such acceptance filed in the office of the secretary 
of state, the provisions of the two preceding sections shall 
become and be a part of its charter.” [61 v. 87, § 3.] 


- ld 


OHIO RELIGIOUS CORPORATIONS. 71 


Sec. 7. Forms under Sections 3791, 3792, 3793. 


Honorable Judge of the Probate Court, Cons. 

This is to certify that at a regular and duly convoked 
meeting of the Women’s Benevolent Association, held 
on the day of , A. D. 18—, at , the follow- 
ing resolution was duly adopted by said association: 

Resolved, by the Women’s Benevolent Associa- 
tion, of , that the Probate Court and the Court of 
Common Pleas, both of County, Ohio, be respectively 
requested to each appoint a male trustee, who shall, to- 
gether with a male trustee elected by the members of this 
association, constitute a Board of Fiscal Trustees, in whom 
shall vest the custody, control, and management of all of 
the endowment, capital, funds, and property of said —— 
Women’s Benevolent Association. 

In pursuance of the above resolution, we hereby request 
you as Judge of the Probate Court of County, Ohio, 
Ohio, and we likewise request the judge of the Court of 
Common Pleas of County, Ohio, to each appoint a 
male trustee for the purpose expressed in said resolution. 

In witness whereof, we have hereunto signed our names 
as President and Secretary of said association, this 
day of , A. D. 18—. 






































Sec. 8. Secret Benevolent Associations. 

§ 3796a. ‘That any secret benevolent association, or 
society, incorporated under or by the laws of the state, 
which shall have any reserve or accumulated funds or 
moneys, held by them for the purpose of endowment of 
the widows, orphans, families, or heirs of the members of 
such benevolent society or association, shall have the right 


(e) OHIO RELIGIOUS CORPORATIONS. 


and power to invest such funds or moneys upon interest, 
and shall take securities for such investment upon real 
or personal property, or otherwise, as such society or asso- 
ciation may deem fit.” [79 vy. 109.] 


§ 3796b. ‘‘Any such association or society may elect a 
board of trustees, consisting of not less than three mem- 
bers, to whom they may ivtrust the right to manage, con- 
trol, take charge of, invest, collect, demand, receive, and 
deposit all reserves, surplus, or accumulated funds or 
moneys, which such association or society holds or may 
hold, from time to time, for the purpose of such endow- 
ments as are named in the first section of this act.” [79 
v. 109. ] 


§ 3796c. ‘‘Any association or society, as aforesaid, may, 
by law, define and limit the term of office of each and all 
of the said trustees; may define the duties and powers of 
said trustees, and of said board of trustees; may remove 
either one for good cause; may fill all vacancies occurring 
in said board; shall demand from each of said trustees 
security for the faithful performance of their several 
duties, as it may deem fit; shall have power to cause in- 
vestments to be made by said trustees, in the name or 
names of either or all of them, and in which name or 
names suit may be brought; may empower said trustees 
to discharge, acquit, and release all claims or demands of 
such association or society upon payment thereof. Such 
trustees may sue for any claim or demand, for any loan or 


OHIO RELIGIOUS CORPORATIONS. 73 


investment heretofore made or hereafter to be made py any 
such association or society; and upon foreclosure of any 
mortgage held by such association or society, for any in- 
vestment or loan, may purchase and hold any lands, tene- 
ments, or interest in land, in fee or otherwise, and may lease, 
rent, sell, and convey the same by deed.” [79 v. 109.] 


§ 3796d. ‘Any such association or society may sue or be 
sued, answer or be answered unto, plead or be impleaded 
in any court in this state.” [79 v. 109. ] 


§ 3796e. ‘‘Any such association or society shall have 
power to accept and receive any donation or voluntary 
contribution, may collect its assessments, which shall not 
exceed one-fifth of one per centum of the amount payable 
at the death of a member; may pay endowments in the 
mode and to the persons named and provided by its laws, 
but in no case exceeding in the aggregate five thousand 
dollars un the death of any one member.” [79 y. 109.] 


74 OHIO RELIGIOUS CORPORATIONS. 


CHAPTER XIII. 
Extinct CorporATIONS. 


§ 3786. ‘If the trustees are chosen to take charge of and 
manage any other property that may be owned, or in any 
manner acquired by such religious denomination, they 
shall have full power to hold, invest, control and manage 
the same for the benefit of the denomination within the 
presbytery, synod, conference, diocese, or other ecclesiasti- 
cal territorial limits, represented by the trustees, subject to 
the direction of the proper representative body of such 
denomination within such territorial limits as aforesaid; 
and if a parish or congregation connected with the denomi- 
nation represented by the trustees become extinct, by 
reason of the death or dispersion of its members, the 
trustees may take possession of the church property of such 
parish, congregation, or society, whether real or personal, 
and rent, lease, sell, invest, or otherwise dispose of the 
same, for the benefit of the denomination represented by 
them, within the territorial limits represented by the body 
by which they were appointed, and subject to such regula- 
tions as such body may prescribe; but all property held 
by such trustees, and the proceeds thereof, shall be applied 
to the use and benefit of the proper denomination within 
this state; provided, however, that the real estate held by 
or in trust for any religious society or congregation as a 


OHIO RELIGIOUS CORPORATIONS. 15 


place of worship, or otherwise, shall be liable for and may 
by civil action be subjected to the payment of any judg- 
ment which has been or shall be recorded against the trust- 
ees or any committee of such society or congregation, in 
their individual capacity, or otherwise, for labor performed, 
materials furnished, or damages sustained, under any con- 
tract with them for the erection of any church edifice or 
other building or improvement made thereon.” [79 v. 14.] 


§ 3787. ‘‘When any parish, congregation, or society 
becomes extinct, as mentioned in the last section, the court 
of common pleas of the county in which any real property 
of such extinct parish, congregation, or society is situate, 
may, upon the petition of the trustees of the denomination 
to which such extinct parish, congregation, or society be- 
longed, make an order for the sale of such property, 
whether the same has been built upon, or otherwise im- 
proved, or not, the proceeds of such sale to go to, and 
be for the benefit of, the denomination represented by such 
trustees, within the territorial limits represented by the 
body by which they were appointed, and the purchaser 
thereof shall be vested with as full and complete a title to 
the property as the character of the original grant to such 
parish, congregation, or society will allow; but this section 
shall not be so construed as to limit, or in any degree re- 
strict, the powers conferred by the two preceding sections 
upon such trustees.” [74 v. 110, § 2.] 


§ 3787a. ‘‘All money derived from the sale of any 


76 OHIO RELIGIOUS CORPORATIONS. 


property under the provisions of original section and sec- 
tion 3787 shall be placed in the custody of the trustees of 
the presbytery, synod, conference, diocese, or other eccle- 
siastical body having jurisdiction in the territorial limits 
in which said property may have been located, and they 
shall hold the same in trust for the period of ten years, or 
for such period as may be prescribed by the law of the de- 
nomination. If within that time another parish, congre- 
gation, or society of the same denomination shall be or- 
ganized in the same locality, then the court authorizing 
the sale of said property, may, upon proper application 
and evidence, authorize the return of said money to the 
trustees of the new organization. Otherwise such money 
shall become a part of the funds of the presbytery, synod, 
conference, diocese, or other ecclesiastical body having 
jurisdiction.” [86 v. 132.] 


§ 3787). ‘‘ Beit further enacted, that all sums of money 
arising from the sale of property formerly belonging to 
any extinct parish, congregation, or society, and which are 
now held by special trustees appointed by the courts au- 
thorizing sale of such property, shall be, from and after 
the passage of this act, under the control of the trustees 
of the presbytery, synod, conference, or other ecclesiastical 
body to which said extinct parish, congregation, or society 
may have belonged, and shall be held by them subject to 
the conditions and provisions of this act; and said trustees 
are hereby authorized to take such steps, legal or other- 


OHIO RELIGIOUS CORPORATIONS. 717 


wise, necessary to obtain possession of such money.” [86 
v. 182.] 


' § 38788. ‘* When a petition is filed, as provided for in 
the preceding section, all persons who may have a vested, 
contingent, or reversionary interest: in such real estate, 
shall be made parties thereto, and be notified of the filing 
and pendency thereof, in the manner provided by law in 
cases of the partition of real estate; but the court may 
make such order as to costs as may be deemed just and 
proper.” [74 v. 110.] 


78 OHIO RELIGIOUS CORPORATIONS, 


CHA PTIREXIV: 
MISCELLANEOUS STATUTES. 


1. Township Ministerial Fund. 

§ 1413. ‘‘The trustees, when there is money in the 
hands of the treasurer, arising from the rents or profits of 
ministerial lands, shall meet at his office or residence on 
the fourth Monday of April, annually, and make a divi- 
dend thereof to each religious society, agreeably to the 
provisions of the succeeding section; and said money shall 
thereupon be paid out by the treasurer according to the 


order of the trustees in making such dividend.” [59 v. 
30, §1.] 


§ 1414. ‘‘ Each denomination of religious societies, hav- 
ing members residing in such township, shall be entitled to 
participate in such ministerial fund, and each of them 
after assuming a name, shall appoint an agent to receive 
its proper proportion, who shall produce to the trustees a 
sworn certificate, containing a list of the names of the 
members enrolled in the records of such society resid- 
ing in such township, but no person shall be considered 
a member who is under fifteen years of age; and the trus- 
tees at their said annual meeting shall distribute said funds 
to the several societies, applying by their agents and pro- 
ducing such certificates, in proportion to the numbers of 


OHIO RELIGIOUS CORPORATIONS. 79 


their members residing in such township, without regard 
to the township in which any such society regularly assem- 
bles for public worship.” [61 v. 74,$13; 41 v. 62, $1.] 


2. Sprinkling Assessments in Cities of the First Class. 

§ 2312. ‘In cities of the first class, council may make 
assessments to pay the expense of sprinkling, on the lands 
abutting on such street or specified part thereof, either on 
the valuation thereof, as listed for taxation, or by the foot 
front; and such assessment may be enforced by suit against 
the owner or occupant of such lands, or part thereof, or 
certified to the county auditor, and shall be placed on the 
county duplicate and collected by the county treasurer, as 
other taxes; provided, that this section shall not apply to 
premises held and used by any religious society exclusively 
as a place of public worship, unless such society shall have 
joined in the petition for such sprinkling.” [71 v. 73, 
'§ 436.) 


This section applies only to Cincinnati, Cleveland, and 
Toledo. 

3. Property Exempt from Taxation. 

§ 2732. ‘* The following property shall be exempt from 
taxation: 

“First. All . . . houses used exclusively for public 
worship, the books and furniture therein, and the grounds 
attached to such buildings necessary for the proper occu- 
pancy, use and enjoyment of the same and not leased or 
otherwise used with a view to profit.” [91 v. 393.] 


80 OHIO RELIGIOUS CORPORATIONS, 


§ 2732-1. ‘“‘Any money or funds belonging to or which 
may hereafter belong to Indiana Yearly Meeting of Friends, 
which is set apart or invested, or which may hereafter be 
set apart or invested, said principal and the interest or in- 
come derived therefrom, devoted to and used exclusively 
for the support of the poor of said Yearly Meeting; such 
money or fund, and the interest or income derived there- 
from, shall not be deemed taxable under any law of this 
state; and the person or persons having the care and 
supervision of the same shall not be required to return or 
list the same for taxation.” [76 v. 184.] 


4, Language of Public Services. 

§ 3772. ‘“‘Any religious society, incorporated under a 
general or special law of this state, and which act of im- 
corporation prescribes that the public religious services of 
such society shall be conducted in any other than the Eng- 
lish language, may at any time, by a vote of a majority of 
its adult members, in good and regular standing, who 
speak such prescribed language, decide whether its public 
religious services may, at any time, be conducted in any 
other than such prescribed language.” [65 v. 163.] 


This act is of but limited application. The present con- 
stitution forbids the creation of corporations by special act; 
and the ordinary religious corporation (whether created 
before 1851 or since, or whether created by general or 
special act) has no limitation in its charter, prescribing the 
language in which its public services are to be conducted. 


OHIO RELIGIOUS CORPORATIONS. 81 


Where the charter contains no such limitation, the ques- 
tion is one to be decided the same as any other matter of 
church policy. And the will of the majority of the mem- 


bership controls the decision. 


5. Descent of Trust Property. 

§ 3779-1. ‘‘That all lands and tenements not exceeding 
twenty acres that have been or hereafter may be conveyed 
by devise, purchase or otherwise to any person or persons 
as trustee or trustees in trust for the use of any religious 
society within this state, either for a meeting-house, bury- 
ing-ground or residence for their preacher, shall descend, 
with the improvement and appurtenances, in perpetual 
succession, in trust to such trustee or trustees as shall from 
time to time be elected or appointed by any such religious 
society, according to the rules, customs, usages and regu: 
lations of such society respectively.” [91 v. 79.] 


6. Property Held in Trust. 

§ 8779-3. ‘‘ Whenever any property has been or may 
be conveyed in trust for the use of any religious society, 
church or association, whether incorporated or not, the 
property so conveyed shall be held by the trustee or 
trustees so appointed and their successors appointed, as 
provided in the instrument creating such trust; or in case 
no provision is made in such instrument, then by such suc- 
cessor or successors as may be appointed by any competent 
court; but no person shall be elected or appointed by such 
society, church or association to act as trustees to the ex- 


82 OHIO RELIGIOUS CORPORATIONS. 


clusion of any trustee or trustees appointed as aforesaid.” 
[48 v. 71.] 
7. Solemnization of Marriages. 

§ 6385. ‘‘It shall be lawful for any ordained minister 
of any religious society or congregation within this state, 
who has, or may hereafter obtain a license for that purpose, 
as herein provided, or for any justice of the peace in his 
county, or for the mayor of any city or incorporated village 
in any county in which such city or village may wholly or 
partly lie, or for the several religious societies, agreeably 
to the rules and regulations of their respective churches, 
to join together as husband and wife, all persons not pro- 
hibited by law.” [86 v. 208. ] 


8. Sale of Liquors near Place of Worship. 

§ 6945. ‘‘ Whoever sells, or exposes for sale, gives, 
barters, or in any other way disposes of any spirituous or 
other liquors, or any articles of traffic whatsoever, at any 
place at or within the distance of four miles from the place 
where any religious society or assemblage of people is col- 
lected or collecting together for religious worship, or for 
the purpose of holding a harvest home festival, or where 
there is being held a grand army, sous of veterans’ or union 
veterans’ union celebration, or reunion, shall be fined not 
more than one hundred nor less than ten dollars; this section 
does not extend to tavern-keepers exercising their calling, 
or distillers, manufacturers, or others prosecuting their regu- 
lar business according to law, at their regular place of doing 


business nor to any person disposing of any ordinary arti- 


OHIO RELIGIOUS CORPORATIONS. 83 


cles of provisions, excepting spirituous liquors, at his resi- 
dence, nor to any person having a permit from the trust- 
ees or managers of any such religious society or assemblage 
or grand army, sons of veterans’ or union veterans’ union 
celebration or reunion to sell provisions for the supply of 
persons attending such religious worship or such grand 
army, sons of veterans’ or union veterans’ union, and who 
is observing the regulations of such society or assemblage, 
and the laws of the state.” [85 v. 30.] 


9. Penalty for Disturbing Meetings of Religious 
Society. 


S$ 6896. Whoever willfully interrupts or disturbs any 
assembly of persons met for a lawful purpose, or any per- 
son, while he is at or about the place where such assembly 
is to be held, oris or has been held, shall be fined not more 
than fifty dollars or imprisoned not more than ten days, or 
both. [73 v. 224, § 1.] 


10. Penalty for Unlawfully Wearing Insignia of Re- 
ligious Society. 


§ 7017-4. ‘“‘Any person who shall willfully wear the in- 
signia of any of the civic or religious societies of this state, 
or shall use or wear the same to obtain aid or assistance 
thereby within this state, unless he shall be entitled to use 
or wear the same, under the rules and regulations of such 
civic and religious societies, shall be guilty of a misde- 
meanor, and, upon conviction thereof, shall be punished 
by imprisonment for a term not exceeding sixty days, or 
be fined in any sum not exceeding twenty-five dollars, or 
both at the discretion of the court.” [86 v. 5.] 


84 OHIO RELIGIOUS CORPORATIONS. 


CHAPTER XV. 
DECISIONS. 


(1.) CEMETERIES. 


The case of Price v. Methodist Church, 4 Ohio, p. 515, 
arose upon the following facts: A number of individuals 
in Cincinnati, associated themselves together as Metho- 
dists, and in 1807 purchased ground, for a place of wor- 
ship and burial, and shortly after erected ‘a place of wor- 
ship and opened a burial-place, in which the members of 
the society had liberty to bury their dead, free of expense, 
and others had leave also to bury, on payment of certain 
burying fees; and from thereon the grounds were used 
as a burying-ground. No dedication or platting of the 
ground as a cemetery occurred, and the deed to the church 
for the land contained no reference to its being held in 
trust for any such use. The society determined to aban- 
don its use as a cemetery, and remove the bodies, and 
this suit to enjoin them was begun. 

The court held : 

(1) ‘Payment for money for burials, in the burying- 
ground of a church, or burying in virtue of membership, 
gives no right to control the church in the appropriate use 
of its grounds. 

(2) ‘‘ Lands obtained by religious societies, can not be 


OHIO RELIGIOUS CORPORATIONS. 85 


held as set apart for a burial-ground, under the statute 
unless actually surveyed, described, and platted. 

(3) ‘* Lands conveyed to trustees of a church, for the 
use of that church, according to its rules and discipline, the 
trustees can not create any individual or public right, in- 
consistent with the use prescribed by the discipline.*” 


* In the above case of Price v. Methodist Church, the following 
forms were used: 
Tue BILu. 


“The bill states that a number of individuals, in Cincinnati, 
associated themselves together as Methodists, and in 1807 pur- 
chased lots of ground, in Cincinnati, for the accommodation 
and convenience of themselves and others, for a place of wor- 
ship and burial; and shortly after the purchase, at their joint 
expense, erected a place of worship, and opened a burial-place, 
in which the members of the society had liberty to bury their 
dead, free of expense; and others had leave also to bury their 
dead there on paying certain burying fees to the trustees of 
said society ; and that from thence, hitherto, the said ground 
_has been used as a burying-ground. That the complainants 
and others, some of whom are or were members of the Meth- 
odist Church, used the ground designed for that purpose asa 
place of burial for their friends and relatives; and that those 
who were not members of the society have paid the trustees 
of said society a valuable consideration for the privilege of 
burying in said ground; and that they have incurred great 
expense in erecting memorials and monuments over the graves 
of theirfriends. That to secure the object of said purchase, the 
title of said lots was made to certain trustees and their suc- 
cessors, to be held perpetually for the use of said society, and 
for objects connected with worship and the burial of the 
dead. That the defendants have come to a resolution to open 
and dig in the ground of said grave-yard, and have given no- 
tice that they will remove the ground and the remains of the 


86 OHIO RELIGIOUS CORPORATIONS. 


(2.) ELEcrtions. 

As a general rule, every member of a religious corpora- 
tion has a right to vote at an election of trustees and 
other officers; and also at all congregational meetings for 
the decision of questions properly coming before such 
meetings. 


dead therein lying, unless the friends and relatives of the said 
dead shall remove their remains and monuments from the 
yard. The complainants pray that the defendants may be 
perpetually enjoined from digging up the graves in the yard 
and remoying the remains of the dead.” 


THE ANSWER. 
“The answer admits the purchase of the lots and the build- 


ing of the place of worship or church. They also admit that 
interments have been made in the ground adjoining the 
church, from time to time by members and strangers; and 
that, from some, burial fees had been received; that, in 
permitting interments and receipt of the fees, all has been 
done with the understanding that the ground was to be held 
and used, when necessary, for the purpose of the original 
trust. They deny the payment of money by any of the com- 
plainants, or that they were ever given any privileges incon- 
sistent with the trust, or promised any; that the only disturb- 
ance threatened was in a vote of the society, in the regular 
course of its business, to erect a new church on the ground; 
and a determination of the trustees to remove, decently to 
some suitable place of interment, such bodies in said burying- 
ground as should be necessary for the convenient building of 
a church suited to the present exigencies of the society.” 


Defendants also exhihited their title deeds and their articles 
of incorporation. 


OHIO RELIGIOUS CORPORATIONS. 87 


Right to Vote. 


Where a right to vote upon all matters touching the in- 
terests of the corporation is secured by the charter to each 
member, a further provision giving to pew owners the 
privilege of membership does not restrict the right of 
voting to them; but it belongs to every one admitted into 


the society. 
Wiswell v. First Cong. Church, 14 Ohio St. 31. 


Number of Votes Necessary. 


If amendments to the constitution of a sect must be 


requested by two-thirds of the whole society, and 54,000 


votes were for it, and only 3,500 against, the latter can not 
urge that the society had 208,000 voters. ‘‘ Whole society” 
means those voting; no other rule is practical. 


Griggs v. Middaugh, 22 B. 367. 


Where the constitution of a religious society could be 
changed only by a two-thirds vote of the whole society, 
held, this means two-thirds of those voting on the prop- 


osition. 


Rike vy. Floyd, 6 C. C. 80. 


(3.) Masoriry ContTROLs. 


A good illustration of church management is contained 
in the case of Keyser v. Stanisfer, 6 Ohio, 363. In this 
ease, the First Baptist Church of Dayton, Ohio, was a 
member of a general Baptist association. The church 
owned its own house of worship, and was in good standing 


88 OHIO RELIGIOUS CORPORATIONS. 


in the general association. At a regular meeting of the 
society, they unanimously abrogated their articles and 
adopted new rules of faith and doctrine. Afterwards, a 
trustee was tried on charges preferred against him, and he, 
on conviction, was excluded from the church. He and 
others then brought suit, charging that the defendants, by 
abandoning their original declaration of faith and certain 
usages common to the Baptists and by embracing certain doc- 
trinal errors, and by separating themselves from the general 
Baptist association, had ceased to be the First Baptist 
Church of Dayton. They asserted that they, the plaintiffs, 
were the true First Baptist Church of Dayton, and asked 
the court to decree the property to its legitimate use, 
namely, to them, as the true church. 


The court, however, held: 

Where a religious society purchases Jand and the title 
vests in them in fee asa corporation, the majority of the 
society have a right to control its use and occupation, of 
which they can not be deprived by any supposed error of 
doctrine. 

Keyser v. Stanisfer, 6 Ohio, 363. 


Change of Faith. 


Changes of faith by the constitutional majority, not in-— 
volving a substantial departure from the established doc- 
trines of a religious society, are not a perversion of the 
trusts on which the property is held. 

ike v. Floyd, 6 C. C. 80. 


OHIO RELIGIOUS CORPORATIONS. 89 


Division of Church Property. 

Where the charter of a church corporation gives the 
power, with the consent of a majority of its members, to 
dispose of its property ‘‘ for the purpose of promoting the 
interests of their church,” and such majority decide that 
the interests of the church will be promoted by a division 
of the membership into two ecclesiastical bodies, and an 
equitable division of the church property, and for this 
purpose order a sale and division of such property; held, 
that such sale and division involved no violation of the 
charter and no breach of trust. 

Wiswell v. First Cong. Church, 14 Ohio St. 31 


(4.) Minoriry’s Rieurs. 


It is the right of any member of the corporation to pre- 
vent, by injunction, a breach of trust by the majority. 
Wiswell v. First Cong. Church, 14 Ohio St. 31, 


(5.) PersonaL Lrapitiry OF OFFICERS. 


Where the society is unincorporated, trustees who do 
not personally participate in incurring a debt are not per- 
sonally liable for it. 

Devoss v. Gray, 22 Ohio St. 159. 
Le Sainte v. Fisler, 6 B. 337. 


The language of the statute, § 3261, ‘ trustees 
shall be personally liable for all debts . . . by them 


90 OHIO RELIGIOUS CORPORATIONS. 


contracted,” would seem to indicate the same rule as to 


trustees of incorporated societies. 


Church Rules. 


An unincorporated society can not, by its polity, or its 
rules and regulations, impose personal obligations upon its 
members or officers, in a mode unauthorized by the general 
laws of the state. 

Devoss v. Gray, 22 Ohio St. 159. 


This last was a case where trustees were attempted to 
be personally held for a debt which they had not personally 
participated in contracting. The church constitution pro- 
vided that its trustees “‘are bound for all the debts and 
obligations of said church properly contracted and author- 
ized to be made by the church itself.” But the court held 
as above, that such a rule would not control the general 
law of the state. 


(6.) SECESSION OR SEPARATION. 


Forfeiture. 


Members who secede from a church organization thereby 
forfeit all right to any part of the church property. 
Wiswell vy. First Cong. Church, 14 Ohio St. 31. 
Methodist Church v. Wood, Wright’s Rep. 12. 


Question of Fact. 


Whether there has been a secession, within the meaning 
of this rule, is a mixed question of law and fact, to be de- 


OHIO RELIGIOUS CORPORATIONS. 91 


cided upon the evidence with a view to all the circum- 
stances, including the acts of the parties and the motives 
which have prompted such acts. 

A conditional separation of the members into two bodies, 
with the consent and approval of a majority, and founded 
upon a contemplated division of the church property, the 
members still continuing to exercise their rights in the cor- 
poration, is not a secession. 

Wiswell v. First Cong. Church, 14 Ohio St. 31. 


Chanae of Doctrine. 


Where changes in the constitution have been legally 
made, and do not involve a substantial departure from the 
established doctrines, those who secede on that account for- 
feit all right to any share of the property, and the title of 
the trustees will be quieted against them. 

Rike v. Floyd, 6 C. C. 80. 


Property was held in trust for the United Brethren in 
Christ, and at a general conference, being the highest 
authority in the sect, a revised confession of faith and con- 
stitution was adopted, and a small part of the conference 
seceded and claimed the property. Held, the courts have 
jurisdiction only if the trust is perverted, but on matters 
of form and discipline the church authorities bind the 
courts. The departure from essential matters of faith and 
organic law must be obvious. If changes do not go to 
that extent, and are adopted by the method provided by 


92 OHIO RELIGIOUS CORPORATIONS. 


the constitution of the church, the schismatics can not 
obtain aid from the courts. 
Griggs v. Middaugh, 22 B. 367. 


Change of Church Polity. 


Property being given to that part of the Baptists called 
Dunkers, and part of the congregation form a separate or- 
ganization and change their usages as to polity, but not as 
to belief, so as to be the same as the Dunkers, they are not 
entitled to a share of the property when sold. 

Ex parte Shoup, 16 B. 71. 


Basis of Court’s Decisions. 

Civil courts in determining the question of legitimate 
succession of an unincorporated religious society, where a 
separation has taken place, will adopt its rules and enforce 
its polity in the spirit and to the effect for which it was 
designed. 

Where public policy, or the positive law of the land, is 
not controvened, the decision and orders of such society, 
when made in conformity to its polity, should have the 
same effect in civil courts which the society intended should 
be awarded to them, when pronounced by its own judica- 
tories. ) 

The rules of the society for the management of its in- 
ternal affairs, and for the adjustment of the relations 
between its branches, constitute the rule by which they 
should be governed. 

Harrison y. Hoyle, 24 Ohio St. 254. 


OHIO RELIGIOUS CORPORATIONS. 93 


Bartholomew v. Lntheran Congregation, 35 Ohio St. 567, 
was a contest between two sets of trustees for the possession 
of the church. The first set had under its constitution, 
and with the approval of a majority voting at a congrega- 
tional meeting held for that purpose, withdrawn the church 
from the synod, with which they had been connected. 
The trustees and members who disagreed with this action, 
held a congregational meeting and declared vacant the 
offices of the majority of the trustees and elected others in 
their places and took possession of the church property, and 
brought suit to enjoin the first set of trustees from inter- 
fering with their management of the church and its prop- 
erty. This the court refused to do and awarded the con- 
trol of the church to its original set of trustees, and held 
that under its constitution the majority had the power to 
withdraw the church from the synod. 

The same decision was reached in Heckman v. Mees, 16 
Ohio, 584, a German Lutheran Church. 

Other churches with different rules about withdrawals 
from conferences, synods and presbyteries might be differ- 
ently situated. 

(7.) TRIALS. 

The decision of the proper church judicatory governs 
the pecuniary rights of a member of a religious body to 
its property in so far as they depend on his church status, 
and the civil courts will treat the decision as a judg- 
ment, not impeachable for informalities, but only for want 
of jurisdiction or fraud. 

Sampsell v. Esher, 26 B. 156. 


94 OHIO RELIGIOUS CORPORATIONS. 


A finding of a trial conference that charges were suffi- 
ciently sustained to convict of conduct unbecoming a 
minister and bishop is sufficiently certain to be valid, and 
the civil courts can not hold it void. Id. 


If members of the trial conference were disqualified or 
prejudiced, they should have been challenged at the trial, 
and if this was not prevented by any fraud or violence, 
the decision can not be objected to in the civil courts. Jd. 


A provision that if a bishop is accused of immoral con- 
duct, three elders shall examine him, does not require them 
to go to him in person, if he has previously refused to 
submit to the examination. Id. 


A requirement that if the elders believe him guilty they 
shall call a trial conference; and they do call a trial con- 
ference and report that the charges are so serious and well 
founded as to require thorough inyestigation, this will let 
in oral proof that they did believe him guilty and gives 
the conference jurisdiction to try him. Id. 


If the failure to find him guilty on such preliminary ex- 
amination could have the force of an acquittal, it should 
have been pleaded at the trial and can not be pleaded 
here. Id. 


‘Payment of salaries to suspended bishops will be pre- 
vented by preliminary injunction until their trial. Id. 


A rule that a conference shall be presided over by the 
bishop, if present, ought not to prevent the conference 


OHIO RELIGIOUS CORPORATIONS. 95 


from refusing the chairmanship to a bishop who had been 
suspended or was under a charge, not yet tried, of great 
immorality. Id. 


Courts can not interfere with church officers on the 
ground that their conduct is creating dissention and de- 
preciating the property. 

Messinger v. Trinity Church, 6 B. 397. 


(8) Trusts FOR CHARITABLE USES. 
The failure of Archbishop Purcell, of Cincinnati, Ohio, 
was the occasion of an instructive case. 
The facts may be briefly summarized, as follows: 


John B. Purcell was bishop of the Roman Catholic 
diocese of Cincinnati from 1833 to 1855, and archbishop 
from that time to and after his assignment in March, 1879. 
From 1837 to the time of such assignment, his brother, 
Edward Purcell, was priest, and also by appointment of 
the archbisdop, vicar-general of the diocese, to whom was 
confided the general management and control of the finan- 
cial affairs of the archbishop. During all of the time 
above mentioned, the rules of the Roman Catholic Church 
for the diocese required all property held and used for 
ecclesiastical purposes to be conveyed to the bishop or 
archbishop of the diocese by name, his heirs and assigns 
forever, to be held by him in trust for the uses for which it 
was acquired. In the manner and for the uses above stated, 
the churches, school-houses, parochial residences, asylums, 


seminary and cemeteries involved in this controversy, 


96 OHIO RELIGIOUS CORPORATIONS. 


were acquired and conveyed to ‘‘John B. Purcell, his 
heirs and assigns forever,” because the rules and canons of 
the church required the legal title to be so vested and for 
no other reasons. As soon as Edward Purcell came into 
the diocese, and in his capacity of vicar-general, he began 
to receive money on deposit (paying interest thereon), and 
loaning it out upon interest, all with the acquiescence of 
the archbishop, and so continued to receive money until 
the indebtedness so incurred amounted to more than 
$3,500,000, and which was assumed by the archbishop as 
his own. Finding themselves without available means 
to pay this indebtedness, they made an assignment in in- 
solvency. 


The question then arose, was this trust property to be 
taken and sold to pay the archbishop’s debts. 
The court held: 


(1) ‘‘It is competent to prove by parol evidence that 
land conveyed to a grantee by a deed absolute on its face, 
is in fact held by him in trust for charitable uses, but such 
evidence should be clear, convincing and conclusive.” 

(2) ‘‘Where such grantee is in fact archbishop of the 
Roman Catholic Church for his diocese, its canons and de- 
crees, regulating the mode of acquiring and holding church 
property, are competent evidence to show that the prop- 
erty so held by him, is held in trust for purposes of public 
religious worship and other charitable uses.” 

(3) ‘‘Such a trust is one of which the courts will take 


OHIO RELIGIOUS CORPORATIONS. 97 


cognizance and assume control for the purpose of prevent- 
ing its abuse, perversion or destruction.” 

(4) ‘* Where such property is held by the archbishop in 
trust to be devoted to the uses of public religious worship, 
cemeteries, orphan asylums, and schools, each church, cem- 
etery, asylum and school is held upon a separate trust and 
for its own separate uses ; and one piece of property so held, 
is not chargeable with any part of the expense of improv- 
ing another, nor of improving church property generally 
in the diocese.” 

(5) ‘Property held upon such trusts by the archbishop 
does not pass to his assignee in insolvency, by a deed of as- 
signment made in his individual capacity, for the payment 
of his individual debts.” 

(6) ‘Though the several congregations of the churches 
so held in trust, and the persons respectively possessing and 
having charge of such schools, cemeteries, and asylums, 
are severally unincorporated and otherwise incapable of 
holding the legal title to the property so used, they never- 
theless have such an interest in the trust property as per- 
mits them to be represented in court by a number less 
than the whole, having a common interest with them, for 
the purpose of protecting the property from seizure and 
sale for the satisfaction of the private debts of the 
trustee.” 

(7) ‘‘ Changes in the membership of such congregations 
and bodies do not affect their legal identity ; and for the 
purposes of continuing and enjoying the uses to which the 
properties respectively possessed by them are devoted, 


98 OHIO RELIGIOUS CORPORATIONS. 


they respectively remain, in legal contemplation, the same 
congregations and bodies.” 

(8) ‘It is not essential to the existence or enjoyment of 
a trust for charitable uses that the individual heneficiaries 
are able to show that they contributed to, or have a per- 
sonal, pecuniary interest in, the trust property; their in- 
terest is measured by, and limited to, the uses for which 
the property is held.” 

(9) ‘‘ Where such trustee has made advances from his 
own private means, otherwise than as donations, to assist in 
buying or improving the trust property, he has a claim 
upon the particular property so purchased or improved, 
which passes to his assignee in insolvency as individual 
assets; and in a proceeding by the assignee to subject the 
assets of his assignor to the payment of his debts, it is 
competent for the court to order an accounting of the 
advances so made, with a view to subjecting such property 
to the satisfaction of such claims.” 

(10) ‘Such a trustee has power, by contract, to charge 
the trust property with the reasonable expenses of its neces- 
sary preservation, improvement and repair, in favor of one 
who expends money, labor or materials for that purpose.” 

Mannix, Assignee, v. Purcell et al., 46 Ohio St. 102. 


(9.) MIscELLANEOUS. 
Deed Controls Use of Property. 
A deed of land for a church edifice must control the use 
of the property, although subscribers to the edifice under- 
stood that all denominations were to be admitted. The 


OHIO RELIGIOUS CORPORATIONS. 99 


deed can not be reformed to accord with the understand- 
ing of the donor or of a public meeting of all denomina- 
tions to raise subscriptions. 

Miller v. Milligan, 9 Rec. 419. 


Leasing Property. 

A corporation for religious, literary and scientific pur- 
poses has power to lease part of its building for theatrical 
purposes. 

Catholic Institute vy. Gibbons, 3 B. 581. 


Newspaper. 

On preliminary hearing the court will not make an 
order upon the editors of a newspaper owned by the relig- 
ious body, as to what shall be published, though the 
court believes the editors have misconstrued the directions 
of the conference. 

Sampsell v. Escher, 26 B. 156. 


Pew is Real Estate. 
A pew in a church is real estate, and hence can not be 
levied upon by a constable, and the sale will be enjoined. 
The fact that the church’s bill of sale to the holder calls 
it a chattel, does not change its nature. 
Deutsch y. Stone, 27 B. 20. 


Religious Opinion. 

The constitutional protection of religious opinion inter- 
poses no barrier to compelling a party to disclose their 
tenets, if property rights depend upon them. 

Kizor vy. Stancifer, W. 323. 





OHIO RELIGIOUS CORPORATIONS. 101 


MEMORANDA. 


102 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 





OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA, 





103 


104 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 





OHIO RELIGIOUS CORPORATIONS. 105 


MEMORANDA, 


10 


OHIO RELIGIOUS CORPORATIONS, 


MEMORANDA. 





OHIO RELIGIOUS. CORPORATIONS. 107 


MEMORANDA, 


108 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 





OHIO RELIGIOUS CORPORATIONS. 109 


MEMORANDA, 


110 OHIO RELIGIOUS CORPORATIONS, 


MEMORANDA, 


OHIO RELIGIOUS CORPORATIONS. Gul 


MEMORANDA. 





OHIO RELIGIOUS CORPORATIONS, 


MEMORANDA, 


OHIO RELIGIOUS CORPORATIONS. 113 


MEMORANDA. 


114 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 





OHIO RELIGIOUS CORPORATIONS. 115 


MEMORANDA, 





116 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA, 





OHIO RELIGIOUS CORPORATIONS. LAF 


MEMORANDA. 


118 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA, 





OHIO RELIGIOUS CORPORATIONS. 119 


MEMORANDA, 





120 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA, 





OHIO REIIGIOUS CORPORATIONS. LA 


MEMORANDA. 





122 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 


OHIO RELIGIOUS CORPORATIONS. 123 


MEMORANDA, 





124 OHIO RELIGIOUS CORPORATIONS. 


MEMORANDA. 





INDEX. 


PAGE 
AB MAUGOIEd Teal OStAtG, HAlG, OL. gq e secs © soviet otae'e ws Sse le 38 
PL EMCICR IOLA COPDOTALIOI ve ncse tise ts whet ears a6 ahead oes 
CK NO WIENER GIO Sy stuns | Vics pie a8 dre vrals hina «al 4,6 
AMMODAMICHIG LO mee mnt et coh sy Aa nd are ok oie.aN 23 
W hate to conta miei werner ty ate lee bcace ab she 4 
Assessments for street sprinkling...................... fk) 
BOLVNe- STONE... tehies wae tole See Sees pele ns sok ht 44, 50, 84 
COTVOY AU CEYD Ett npc Liv Nhe tots ts stalin ane enio pe nage SAEs 50 
SEA KEI ty agi hee a ORIG eno OS eR aT aS oa aA 44, 50 
IS Vela Wa tlOWs AGO PCGUs «ccna wre o vials leiaihs share oe ttayn a wt sine atest 21 
MCIMELETIOSs BALONOL igs GanteG.cr eee taka tae coke enone 44, 50 
CANS OPER UCI DOULY: 4.55 oe eee Ce Ae catyera nae euccer ce 2 92 
Change DFOCOCET INS yo meran hates Save a aidla ar vicrts O16 cise oe ae Fane, SES 91 
CHa POR Ole TAIL yn core pac aera lela ate sieve caw aieuara Vora atale su aero o's 88 
CHaAngerOi NAN Sieectsn ahte eect Meine oe ok awente whoa A Go 59 
Chavritaplewiness triste LOC te. cay esitaric sca eek: iano ts 95 
CONATTOT HORS Olea teenie. faa ate oid vio Sana as, ey Giggs Ose Mato 9 
Crunch sites, COMME YaNCE Olas vayk vacua. y+ se cae se anew ene 4] 
POURILULLONAL DEO VISIONS aeyerinits). erhais os aa suv inysee cede wre awe 1 
G@nVEVanCE OL CHUICIS SILER ic sie aia'a 5 e/a ital erieataamitenes ys 41 
Conveyance of public burying-grounds................... 50 
Consolidation cower asia pointes rune Aisa edie eae echsmant ee 52 


126 INDEX. 


PAGE 
Debts, lability of trustees ors 2a en eee eee 15, 89 
Descent of trust. property 2-20. «os see ee eee ee 81 
Disturbing religious meeting... tem a tne ae 83 
Division-of ‘church propertysie. cb. os le eee 89 
Doctrine, change voli: 2b hat. eee. Uae ie Se ee ee 91 
Donations and bequests, corporation to hold.............. 63 
Elect on gins cic sa ee ete iba ioe ec gisicle Saha hae eee 86 
Flection Of trustees... te. Wate © te he weed oar ae tees i 
Blections time ob ace. cnc ete ae ces Eee eds 
Endowmenttund corporations. 2 28. os wees a ceil. oeerene 64 
Evidetice-of incorporatiouia.., s.2 eek eee eee ees 4,10 
Exemption from street assessments................000005 79 
exemption irom taxation... soos. oo nee eee eee 79 
Extinct;corporationsim.. <t-ahane sees a ae ee eet 74 
Faith yehange 0140 cca tt wpe s cen ek ae tetera ee eee 88 
Fees:of secretary. of state.cxo) aces ae ca Meret eee 7 
Forfeiture of property by secession ............... ..... 90 
Forms. See Table of. 
Incorporation, articles Ob v.65 ees eine he ee eee 4 
Incorporation, evidence Olecu.cs.- + wind sons nee eee 4,10 
incumbrance of realestate... 2 s.r o enka eiccre ereeeee 27 
Insignia, unlawial wearing seek. 0 ee ee 83 
Judgment against churcha,. ences. eee eee 41 
anguage. of. public. services, : sue oa wn oh eho ecreemten te 80 
Lease Of: propertynnc eis atuies tar cndtoae Cees for ee 99 
Duability of trustees tor debts, 7... «sce ta > eee 15, 89 


Lhosstofcharteriactiacecis foe ne er ee ee 9 


INDEX. 127 


PAGE 
MiAlGrily CODUTOISe.s ene arte bo ke ee the eee Cae ieee 87 
NEGTTIA DCR iE ot Ged: ok 34 ches FAT RTE aS eee ane 82 
Mem DerShipes.qe: 21 alee 2c te ASA) co ts eee 11 
Ministerial fund in township ..... bate ORS aire gees AED 78 
MInOrity’ Ss Tights evan eco teaiow, ta Neves ponte seo 89 
Moricace ol realestate ect, Ss) soo weer eo ae dees 27 
Alortga ge tor Purchase: MONEY ..0% > waka de sak ees pees aes 30 
PALE GAT COOL 2 bn sa. stiwis cetees at and WA uch hart Gite eo ola a 59 
OWS LA DOLE ae Coa satel ce nies sakes a soce erie a ete hare 99 
NALIN DOT Ole VOLES MIOCOSSALY:., Ure re an ae pene cade ee yaaa 24, 87 
Oath Gt drURiee rans aman mare cate cyan eitieastcsin Greece, oo eee 14 
RHEGOTS, fate suede sleet tls Pat es ead ad etary ee eed aia: 11, 14 
Oftieers personal liability Ob nme aac ns ios cat ae 15, 89 
Opinion TOUPIOUdC Ail ante ts kes et. ee cal ees 99 
PartinOn: Ol Teal ORtALe. tos Mace ce ces tigit cues belie eit sa eine 42 
Penalty for disturbing Meeting yi hoc week doses s ance « 83 
Penalty for unlawful wearing of insignia................. 83 
Penalty for sale of liquors near place of worship.......... 82 
Permonaualiioy Ol Gutcerson ais a9 oe sere get ieee ts 15, 89 
Rewsis Tea) Ostate.ic versed dese on asec a es Adatoo eaten goa 99 
EOULY COON LOLOL ee ay de arty th rs ounissstenaee he Saleem ate he ee 92 
Powers seeneral Of COMrpOration «ss <.isiscesicds a oes seman 9 
POWere Ole CruslOOn a7 anion adteed eye raves veg dpe oss sagas 16 
Printing sud publishing NOUSseG... 22 sacc.me bee ee, hace elas 66 
Eroperty exempt frond taxabionig .isure pele se-wape's w aae ae es ss 79 
‘Public burying-grounds, conveyance of.............. ... 44, 50 
Publiceervices, languare Ofs.iccacss + cwnle grape ea in eyitacuse.s 80 
PHPCIABE-MONEG VIN OF LBAR ES: ccna slevic wi a civ als oe ae ohne aay lal 35 
Realestate ssale Ol twee seta cow cok wo tise as Ge elalda als 27, 36, 38 


Redlastate, pAriitiony Ole wate ntany at.s ies vec Lee ewe eee 42 


128 INDEX. 


PAGE 

Record: of: proceedings: .2.5 secs ssc. eee aes: daar ete 8 
Regulations, .i:..o enka ovieis batece cp emer ee tans eae eine 17 
Religious opinion... 022 Wvko..y 210s ane eee ee aren cae 99 
Right: to votes 's.isag aie oe es agri tacace ae eee eae ee ot 12, 86 
Rules of church? s4<0 aiee wok ae tsa: Sees ee a 
Sale ol real estatesy. 5 ¢ se tmrnn +0nau cableken wns ce re en eee 27 
Sale of abandoned real estates: 2... 2c see ern els 38 
Sale.ot “cemotericn,.t grace ae cata ater ise coh aiee his eae 44 
sale of “unclaimed real "estates te nec cst ces day vente 36 
Secession oriseparatloniw «case agi | toe ee aes Roe 90 
Secret benevolent associations...............0...scceeeeee a 
Secretary.ot state jeep ol spite. wa, fea incessant: selec hy are Zc 
Solemnization! Of marriages. 7oehacnn enki. ee ee 82 
Special acts of incorporation repealed.................... 
Special acts of incorporation forbidden................... 1 
Special corporations— 

Endowment fund corporations. .......0...0....eecee- 64 

For holding donations and bequests.................. 63 

Printing and publishing houses.27.c.cums sass. eee 66 

Secret benevolent associations.....................02. 71 

Women’s benevolent associations.................... 68 
Sprinkling assessment ys ie cas 3 teen sree std totes ow nes 79 
Taxation, exemption from...... ds peyote Sate Acioes eh ae Oe rhe 
Township ministerial twids. seescen- ces > dvoes sue ane 78 
Transior ofchurchyproperty.... ahi are me ie ae ee ee 39 
Transfer of church property after union.................. 57 
Trial siciere’ is sia cma see <p Wet SOENE Chae wlan FACE eet eee 93 
Trusts for charitablovuses tfuccs ea. tte oe ee eee 95 
Trust property, descents ot tr. issn. peo tor te aa ee 81 


Trustees— 
DUTCH OL; eee Norcia relic sclc ies ee eee eae ee a alts’ 


INDEX. 129 


PAGE 

HleCtiONs Ofvec tas erat les ean ots os PRIM AT ete et ie waters wemhite 11 
Teabritviicridentneey estat caress Se eo ks eeu 15, 89 
CREO Lara rey MPT evaret See toeer ee Tones us lene wis eso trate eons ViSRe 14 

PO Were Ol; 0: pense eee ee eae ects ce onlays em oa oa die 16 
Timosof clectionin. gees weird eh cat sian )d as SoG eae a Velote 13 
linclaimed veal Catate, AAlG Olen a oc dis en sau s weciee via sieae 36 
WinilonformConporaulonssemarse micro. sche alain Rha omen aa te 52 
Union of corporations, transfer of proverty after.......... 57 
Use of property controlled by deed...................... 98 
EVES oT TEEN Ge Ct rarercts Me msn ars eae aaelarsoe gate 9! seahorse ee aes ae 12, 86, 87 
NV OLeHs NUMDEr NECCSBAPY, a tun ae fue es vaias owe Mae eae aoe 24, 87 


Women’s benevolent association....... ....csccccccvsces 68 

















WN UNCC 


